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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Michael D. Bain and Kristin A. Bain <br /> 7 Pine Avenue (Map 123 Parcel 30) <br /> Mashpee, MA 02649 <br /> SP-2023-22 <br /> The Board had a discussion based on the concerns mentioned by the direct abutters. The Board <br /> asked Mr. Dibb his opinion if either a fence, wall, or shrubbery would lessen the noise emitting <br /> from the mechanical equipment. Mr. Goldstein said, in his opinion, plantings are better sound <br /> absorbing than a fence or wall that will just deflect the noise. <br /> Mr. and Mrs. Sockbeson agreed to have shrubbery installed on the three sides surrounding the <br /> mechanical equipment. <br /> SPECIAL PERMIT CRITERIA <br /> ARTICLE V -Nonconforming Buildings and Uses <br /> §174-17.1 Raze and Replace History:Added 10-15-2018 ATM,Article 16,approved by Attorney <br /> General 1-9-2019. <br /> No pre-existing, non-conforming single or two (2) family dwelling structures shall be torn down <br /> and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of <br /> Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that <br /> any changes, extensions, alterations or reconstruction of the pre-existing non-conformities are <br /> not substantially more detrimental than exists prior to removal of the existing structure and that <br /> there is adequate land area to provide sufficient parking. In no case shall new non-conformities <br /> be permitted without the issuance of a Variance. <br /> SPECIAL PERMIT FINDINGS <br /> Upon review and consideration of the testimony and evidence entered into the record, the Zoning <br /> Board of Appeals hereby finds that the redevelopment will not result in a condition that is <br /> substantially more detrimental to the neighborhood than what currently exists for the following <br /> reasons: <br /> 1. Construction of the dwelling will conform to current building code requirements. <br /> 2. The proposed structure will be compliant with all current zoning setback requirements. <br /> 3. Both existing non-conformities are being eliminated. <br /> 4. Construction of the dwelling is contingent upon Board of Health final approval. <br /> 5. All stormwater runoff will be contained on site and captured by drywells. <br /> 6. There is adequate land area to provide sufficient parking and setbacks as may be required. <br /> 3 <br />