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MASHPEE ZONING BOARD OF APPEALS
<br /> DECISION FOR A SPECIAL PERMIT
<br /> Owners, Jack Foster, Allyson Poole-Foster, and
<br /> Lauren C. Foster
<br /> 31 Wheelhouse Lane, Map 120 Parcel 165
<br /> Mashpee, MA 02649
<br /> SP-2023-25
<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 any
<br /> changes, extensions, alterations or reconstruction of the pre-existing non-conformities are not
<br /> substantially more detrimental than exists prior to removal of the existing structure and that there
<br /> is adequate land area to provide sufficient parking. In no case shall new non-conformities be
<br /> permitted without the issuance of a Variance.
<br /> SPECIAL PERMIT FINDINGS
<br /> In view of the foregoing, the Board determined the Petitioner has met the criteria for a Special
<br /> Permit pursuant to Bylaw §174-17.1; ie., that the proposed changes, extensions, alterations or
<br /> reconstruction of the pre-existing non-conformities are not substantially more detrimental to the
<br /> neighborhood than the conditions existing prior to removal of the existing structure,and that there
<br /> is adequate land area on the subject lot to provide sufficient parking. The Board further determined
<br /> that no new non-conformities are being created by the proposed project.
<br /> Upon motion duly made and seconded at the Public Hearings on Wednesday, April 26, 2023 the
<br /> Zoning Board of Appeals voted (four to one) 4 to 1 to issue a Special Permit to Owners, Jack
<br /> Foster, Allyson Poole-Foster, and Lauren C. Foster of 31 Wheelhouse Lane under §174-17.1 and
<br /> §174-33, of the Zoning Bylaws, and M.G.L. c. 40A, §9 to raze and replace a pre-existing, non-
<br /> conforming single-family structure and replace it with a new code compliant structure on property
<br /> located in an R-3 Zoning District (Little Neck Bay), Map 120 Parcel 165, Mashpee, MA with the
<br /> following conditions:
<br /> 1. The Board has determined that the applicant meets all the conditions of a Special Permit
<br /> under Mass General Law 40A Section 9.
<br /> 2. Site Plan — Prepared for Jack Foster & Allyson Poole-Foster & Lauren C. Foster, 31
<br /> Wheelhouse Lane, Mashpee, MA. Project: 31 Wheelhouse Lane. Date: March 1, 2023.
<br /> Drawn by: WHN, JVB, RLR, Checked by: MC, RLR. Rev. 1: Date: 3/30/23, Prepared
<br /> by: Cape& Islands Engineering, Signed and Stamped by: Matthew C. Costa,No: 52282,
<br /> and Raul Lizardi-Rivera,No: 46845.
<br /> 3. Building Plans—Foster Residence,31 Wheelhouse Ln,Mashpee,MA. Job No:2133,Date:
<br /> Dec. 16, 2022, Drawn by: JM, A-2: First Floor Plan, A-3: Second Floor Plan, A-4:
<br /> Elevations, A-5: Elevations. Prepared by: Archi-Tech Associates.
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