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 For purposes of this application and analysis said Bylaw is being interpreted by the Board to read: 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 to the neighborhood than conditions existing 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 determines that the existing minimum lot size, maximum lot coverage,front yard setback and setback from wetlands are lawful pre-existing non-conformities for the following reasons: The Board further finds and determines that the proposed raze and rebuild proposal will not be substantially more detrimental to the neighborhood than the existing non-conforming structure and use for the following reasons: • The existing structure was built in 1950's and is not flood zone compliant. The new structure will be flood zone compliant. • The existing structure was built in 1950 and is not building code compliant. The new structure will be building code compliant. • The rear yard setback and both side yard setback non-conformities are being eliminated. • All storm water runoff will be captured on site through the installation of drywells, whereas there are no existing storm water management features on the property. • The project is expected to be approved by the Conservation Commission. • Overall, the proposal will result in an improvement to the lot, and the new structure is similar in size, scope and character to other existing structures located in the surrounding neighborhood. 4