09/27/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, William P. Simmons and Roxanne M. Simmons 339 Monomoscoy Road, Map 120 Parcel26 Mashpee, MA 02649 SP-2023-54 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. §174-33—Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least (50') feet from any water or wetland as defined by MGL C. 131, §40. 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, October 25, 2023 the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owners, William P. and Roxanne M. Simmons under§174-17.1 and §174-3 3 of the Zoning Bylaws to raze and replace a pre-existing, non-conforming single family structure on property located in an R3 Zoning District, Map 120, Parcel 26, 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 and Proposed House Reconstruction, 339 Monomoscoy Road, Mashpee, MA. Scale: 1" = 20', Date: June 5, 2023, Drawn by: EJP, RAR, Job Number: 21215,Revisions:Add I/A Treatment System and Details,August 4,2023,RAR,Corrected coastal bank delineation and increased mitigation, August 21, 2023, Reduced house size, increased mitigation, edited SSDS Profile, Oct. 10, 2023. Stamped and signed by Thomas Jackson Bunker,No.: 32653. 3