04/12/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, William P. Ludwig and Judith S. Ludwig 18 Strawberry Lane (Map 112 Parcel 101) Mashpee, MA 02649 SP-2023-23 SPECIAL PERMIT CRITERIA 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 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 that the redevelopment will not result in a condition that is substantially more detrimental to the neighborhood than what currently exists for the following reasons: 1. Construction of the dwelling will conform to current building code requirements. 2. The proposed structure will eliminate the two existing side yard non-conformities. 3. The proposal will improve both front yard non-conformities. 4. The proposal reduces the lot coverage from 22.7% existing to 20.37%. 5. Construction of the dwelling is contingent upon Board of Health final approval. 6. Stormwater will be captured by drywells. 7. There is adequate land area to provide sufficient parking and setbacks as may be required. 3