12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Russell J. Spencer(a/k/a Russell L. Spencer), and Anne E. Spencer 29 Riverside Road, Map 119, Parcel 81 Mashpee,MA 02649 SP-2023-66 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. For purposes of this application and analysis said Bylaw is being interpreted by the Board to read: 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 existing 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 Upon review and consideration,the Zoning Board of Appeals hereby finds and determines that the existing minimum lot size, the northerly side yard setback, and setback from wetlands are lawful pre-existing,non-conformities for the following reasons: • The lot contains 31,300 sq. ft. including Land Subject to Coastal Storm Flowage. • The lot size contains 12,100 sq. ft. excluding land within coastal storm flowage. • The existing maximum lot coverage is pre-existing at 32.36%where 20%is required. • The existing northerly side yard setback is 9.7 ft. where 15 ft. is required.Note: This non- conforming condition will be eliminated to become 15.1 ft. • There is no increase from the 50 ft. setback to wetlands. s