03/22/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, MT GUARD, LC 411 Monomoscoy Road(Map 124 Parcel 61-0) Mashpee, MA 02649 SP-2023-20 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 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 FINDINGS Upon review and consideration of the testimony and evidence entered into the record, the Zoning Board of Appeals hereby finds and determined that the existing minimum lot size and maximum lot coverage, front yard setback and setback from wetlands are lawful pre-existing non- conformities for the following reasons: • The lot contains 14,884 sq. ft. of gross land area and is entirely located within the flood zone. • The existing structure covers 900 sq. ft. (100%) and proposed is 2,746 sq. ft. (100%) and is pre-existing, non-conforming as to lot coverage as indicated under §174-31. • There are no new non-conformities being created. • The proposed raze and rebuild will not be substantially more detrimental to the neighborhood than the existing non-conforming structure. 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, May 10, 2023 the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owner, MT Guard, LC under §174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, non-conforming single- family dwelling with a detached garage with a second floor loft sleeping unit on property located in an R-3 Zoning District, Map 124 Parcel 61-0, Mashpee, MA with the following conditions: 1. 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 —Prepared for MT Guard LC, Project: 411 Monomoscoy Road, Mashpee, MA, Sheet No.: 1 of 1,Date: January 25, 2023, Drawn by: WNH,RLR,Checked by: RLR,MC. Prepared by: Cape&Islands Engineering. Revised 4/25/23:Revise Zoning Table,Remove Proposed Shed, Add access Stairs, Revise Garage, Add "Lot Structures Coverage". 4