09/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Peter R. Frick and Tara A. Gildea 194 Wading Place Road, Map 112 Parcel 49 Mashpee, MA 02649 SP-2023-52 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 In view of the foregoing,the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, September 13,2023, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owners, Peter A. Frick and Tara L. Gildea under§174-17.1 of the Zoning Bylaws to raze and replace a pre-existing, non-conforming single family structure on property located in an R-3 and Popponesset Overlay District(s), Map 112 Parcel 49, 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. Plot Plan—Existing&Proposed Conditions. Prepared for: 194 Wading Place Rd.,Prepared for: Peter Frick & Tara Gildea, Scale: 1" = 20', Date: July 26, 2023, Drawn by: RAR, Check by: TB, Job number: 20185, Site Plans Sheet 1 of 2, Drawing Number: B29-150. Stamped and signed by: Thomas Jackson Bunker No.: 32653. 3, Building Plans: Prepared for: 194 Wading Place Rd., Job No.: 2222, Date: July 20, 2023, Drawn by: JAL EL, A-2: First Floor Plan, A-3: Second Floor Plan, A-4: Elevations,A-5: Elevations. Prepared by: Archi-Tech Associates. 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments. 5. The storage space on the first floor must remain unfinished to not be considered a bedroom. 6. Any changes to the plans will require the applicant to return to this Board. 7. The Board finds that the proposed project is not substantially more detrimental than the pre-existing, non-conforming structure to either the Town or the neighborhood. 3