02/22/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Desmond M. Kelly and Joan H. Kelly 5 Shore Drive (Map 112 Parcel 73) Mashpee, MA 02649 SP-2023-11 SPECIAL PERMIT CRITERIA The Board made the following specific findings: • There are no new non-conformities being created. • There is adequate land area to provide sufficient parking. • Any change, extension or alteration of the pre-existing, non-conformities will not be substantially more detrimental to the neighborhood than what existed prior to the removal of the existing structure. ARTICLE V -Nonconforming Buildings and Uses §174-17.1 Raze and Replace History:Added 10-15-2018 ATM,Article 16,approved by Attorney General 1-9-2019. No pre-existing,non-conforming single or two (2) family dwelling structures shall be torn down and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that any changes, extensions, alterations or reconstruction of the pre-existing non-conformities are not substantially more detrimental to the neighborhood than exists prior to removal of the existing structure and that there is adequate land area to provide sufficient parking. In no case shall new non-conformities be permitted without the issuance of a Variance. SPECIAL PERMIT CONDITIONS In view of the foregoing,the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, March 22, 2023 the Zoning Board of Appeals voted four in favor, to one denial (4-1) to issue a Special Permit to Owners, Desmond M. and Joan H. Kelly of 5 Shore Drive under §174-17.1 of the Zoning Bylaws to raze and replace an existing non-conforming single family residential dwelling with a new single family residential dwelling on property located in the R-3 and the Popponesset Overlay District, Map 112 Parcel 73, Mashpee, MA with the following conditions: l. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan — 5 Shore Drive, Mashpee, MA. Prepared for: Desmond M. Kelly, Date: November 28,2022,Scale: 1"= 10',Job No.:22-233,Revisions:February 13,2023:Board of Health Comments, March 3, 2023: Zoning Board Comments, March 6, 2023: Zoning Table. Prepared by: Grady Consulting, LLC. Stamped and Signed by: Timothy R.Bennett, No.: 36856 Registered Land Surveyor. 3