10/25/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Marcio DeJesus 42 Wheeler Road (Map 57,Parcel 7) Mashpee, MA 02649 SP-2023-62 GENERAL FINDINGS The subject property located at 42 Wheeler Road contains a total of 60,980 sq. ft. of land. The existing structure is considered pre-existing nonconforming under Section 174-31, and under Section 174-33, fails to meet the 50 ft. setback from the existing beach. There is no work proposed for the accessory structure that is located 12 ft. from the westerly side line. The Conservation Department comments dated December 8, 2023 were read into the record; "42 Wheeler Road: NOI application was approved unanimously by the Commission. Approved plan addresses driveway runoff concerns, mitigation plantings, septic upgrade to IA, and structures are no closer to the resource areas. " The Board of Health comments dated November 27, 2023 were read into the record; "Septic needs to upgrade to 4 bedroom septic with IIA technology. " Chairman Bonvie polled the members for questions/comments. There were no comments, and no abutters present. 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. 2