04/26/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Timothy W. Leedham, Trustee of the Osprey Island Nominee Trust 71 Monomoscoy Road, Map 108 Parcel 9 Mashpee, MA 02649 SP-2023-27 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 In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit pursuant to Bylaw §174-17.1 and §174-33; ie., that the proposed changes, extensions, alterations or reconstruction of the pre-existing non-conformities are not substantially more detrimental to the neighborhood than the conditions existing prior to removal of the existing structure, and that there is adequate land area on the subject lot to provide sufficient parking. The Board further determined that no new non-conformities are being created by the proposed project. Upon motion duly made and seconded at the Public Hearings on Wednesday, April 26, 2023 the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owner, Timothy W. Leedham,Trustee under§174-17.1,and§174-33 of the Zoning Bylaws to raze a pre-existing,non- conforming single-family dwelling and replace it with a new single-family dwelling on property located in an R-3 Zoning District,at 71 Monomoscoy Road,Map 108 Parcel 9,Mashpee,MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan — Prepared for: Osprey Island Nominee Trust, Project: 71 Monomoscoy Road, Mashpee,MA. Sheet No.: 1 of 1,Date: March 17, 2023,Drawn by: MD, Checked by: MC, Prepared by: Cape & Islands Engineering Drawing Title: Proposed Site Plan, Scale: 1"_ 20'. Rev.: 3/14/23 Add Conservation Quantities and Details for NOI. Stamped and signed by: Mark D. Dibb, Civil No.: 45937. 3