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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owner, Marcio DeJesus <br /> 42 Wheeler Road (Map 57, Parcel 7) <br /> Mashpee, MA 02649 <br /> SP-2023-62 <br /> SPECIAL PERMIT FINDINGS <br /> The Board finds and determined that the existing minimum lot size, maximum lot coverage, and <br /> setbacks from wetlands are lawful pre-existing non-conformities, and that the proposed raze and <br /> rebuild proposal will not be substantially more detrimental to the neighborhood than the existing <br /> nonconforming structure and use for the following reasons: <br /> • The existing structure was built in 1940's. The new structure will be comply with current <br /> building codes. <br /> • A new IA septic system is proposed. <br /> • Drywells will be installed to capture any water runoff. <br /> • The project was approved by the Conservation Commission. <br /> • Substantial mitigation replanting is proposed. <br /> • There are no new nonconformities being created. <br /> • There is an existing driveway that will provide sufficient parking. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a Special <br /> Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday,December <br /> 13, 2023, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owner, <br /> Marcio DeJesus for 42 Wheeler Road under §174-17.1 and §174-33 of the Zoning Bylaws to <br /> raze an existing single family dwelling and replace it with a new single family dwelling on <br /> property located in the R-5 Zoning District, Map 57, Parcel 7, Mashpee, MA with the following <br /> conditions: <br /> 1. The Board has determined that the applicant meets all the conditions of a Special Permit <br /> under Mass General Law 40A Section 9. <br /> 2. Site Plan—42 Wheeler Road, Mashpee, MA. Prepared for Marcio DeJesus, Date: 7/24/23, <br /> Scale: 1" = 20', Drawn by: SAP, Rev. Date: 10/19/23 and 10/10/23: HSE/Areas/Dwells. <br /> Prepared by: Cauley Site Services, LLC. <br /> 3. Building Plans—42 Wheeler Road,Mashpee, MA. Prepared for: DeJesus Residence, I-01: <br /> New house perimeter,I-02: Layout 1"Floor,I-03:Layout 2"d Floor,1-04:Front View,Rear <br /> View, I-05: Right View, Left View. Prepared by: Pinheiro, Gutowski, and Interior Design. <br /> 4. Conditioned on all Town Department comments read into the record including but not <br /> limited to the Conservation Department and Board of Health. <br /> 5. Any changes to the plans will require the applicant to return to this Board. <br /> 3 <br />