06/14/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, The Popponesset Island Road LLC and Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust 12& 16 Popponesset Island Road (Map 105 Parcel 264) (Map 105 Parcel 266) Mashpee, MA 02649 SP-2023-34 Mr. Reidy read Town Counsel's letter dated July 21, 2023 into the record as follows: "Upon full review of the documents forwarded and research of case law on the subject of merged lot nonconformities, I do believe that the relief requested in this Raze and Replace Special Permit application is legally permissible,provided that: L The ZBA finds that the change, extension, alteration, or reconstruction of the pre- existing nonconformities (as they existed with respect to the two prior lotslstructures) are not substantially more detrimental to the neighborhood than the pre-existing conditions of the subject lots; 2. There is sufficient land area on the new/combined lot to provide sufficient parking; and 3. No new non-conformities are being created, unless authorized by a variance. 1 see that both lot owners are listed as "applicants"for the special permit, which is beneficial because, if'the special permit is granted, there will have to be a condition (as proposed by Atty. Ford) to remove the common lot line and place the lots into common ownership by recorded instrument. In essence, the ZBA should identify and itemize each nonconformity that currently exists with respect to the two separate lots, determine what nonconformities would be created with respect to the proposed usel structure on the merged/combined lot, and then determine whether any "new" nonconformity is being created with respect to the merged lot. If the new lot/structure only alters, extends, or changes a pre-existing dimensional, setback or other type of nonconformity, the Board can apply the Section 174-17.1 standard noted above to decide whether the special permit should issue. If, on the other hand, the lot merged lot/new structure would create a new or different non- conformity, the applicant would have to obtain a variance before the raze&replace special permit can issue. I don't see any "legal" issue with the application, and it appears that appropriate documentation has been submitted to the Board for its review/action. " Chairman Bonvie polled the Board for comments. Mr. Goldstein questioned the ridge height of the proposed home at 35 ft. and asked for a condition to confirm the height certification. He also reviewed the house plan "A201", and wanted to know if the front gable was a structure. Mr. Sidford stated it was a skylight window,and is not considered a structure. 5