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

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Brendon P. Giblin 90 Popponesset Island Road, Map 106, Parcel 34 Mashpee, MA 02649 SP-2023-67 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. SPECIAL PERMIT FINDINGS Upon review and consideration of the testimony and evidence entered into the record, the Zoning Board of Appeals hereby finds and determines that the existing minimum lot size, maximum lot coverage, and setback from wetlands are lawful pre-existing, nonconformities for the following reasons: • The lot contains 20,421 sq. ft. of land area and is wholly in the flood zone. Pursuant to footnote 16 in the Land Space Requirements Table, §174-31, where 40,000 sq. ft. is required. Thus,the lot is pre-existing, non-conforming as to lot size. • For zoning purposes, the existing lot structure coverage is 1,274 sq. ft. (100%), and the proposed is 3,138 sq. ft. (100%). • The existing structure meets the front yard setback, the rear yard setback, and both side yard setbacks. The Board further finds and determined that the proposed raze and rebuild proposal will not be substantially more detrimental to the neighborhood than the existing non-conforming structure and use for the following reasons: • The existing structure was built in 1996 and is not flood zone compliant. The new structure will be flood zone compliant. • The new structure will be built to current day building code standards. • The proposed structure was approved by the (DEP) Department of Environmental specifically stating that the project will result in an improvement over existing conditions noting the replacement of a non-flood zone compliant structure with a new flood zone compliant structure and substantial mitigation. • Drywells are proposed. 5