04/26/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Ryan Lenhart and Kristen Lenhart 81 Bluff Avenue (Map 118 Parcel 60) Mashpee, MA 02649 SP-2023-26 GENERAL FINDINGS The subject property located at 81 Bluff Avenue contains a total of 7,829 square feet of land. For purposes of calculating minimum lot size under §174-31 n. 12, the lot area is 2,301 sq. ft. The subject lot is located within the Popponesset Overlay District. The minimum dimensional requirements in the Popponesset Overlay District are as follows: Minimum lot size—6,000 square feet Minimum Frontage—60 feet Minimum Front Yard Setback—25 feet Minimum Side and Rear Yard Setbacks— 15 feet There were no abutters present. The Board of Health comments dated April 21, 2023 were read into the record, "Need to remove the door on "Study" to make cased opening to remain 3 bedroom and a Title 5 Inspection is needed. " The Conservation Department comments dated April 25, 2023 were read into the record; "This project was continued by the Commission to May 0. 2023 for receipt of revised plans modifying proposed retaining walls and site grading. " 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. 3