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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Paul J. Thurston and Kathryn M. Thurston <br /> 25 Menemsha Road Map 123 Parcel 140 <br /> Mashpee,MA 02649 <br /> SP-2023-44 <br /> No pre-existing,non-conforming single or two(2) family dwelling structures shall be torn down <br /> and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of <br /> Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that <br /> any changes, extensions, alterations or reconstruction of the pre-existing non-conformities are <br /> not substantially more detrimental than exists prior to removal of the existing structure and that <br /> there is adequate land area to provide sufficient parking. In no case shall new non-conformities <br /> be permitted without the issuance of a Variance. <br /> SPECIAL PERMIT FINDINGS <br /> The Board determined that: <br /> 1. The proposal will not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood as it will be built on the same foot print as the existing <br /> structure. <br /> 2. The proposal will be an improvement to the lot and is similar in size and character to <br /> other existing structures in the neighborhood. The Board has approved other projects in <br /> the neighborhood. <br /> 3. The proposed structure,based upon the plans submitted to the Board, will be consistent <br /> with applicable State and Town statues,regulations,bylaws and plans, complies with the <br /> dimensional requirements applicable to the lot under current provisions of§174-31 (Land <br /> Space Requirements Table Footnotes)#18 of the Popponesset Overly District,or for lots <br /> which have been developed pursuant to §174-21, complies with such requirements as <br /> were applicable to initial construction of the dwelling under provisions of §174-21 <br /> Nonconforming lots. <br /> 4. Construction of the new dwelling is subject to and contingent upon Board of Health final <br /> approval. There will be a new IA septic system installed. <br /> 5. Construction of the new dwelling will conform to current building code requirements. <br /> The new dwelling will be built on pilings, will be flood zone compliant, and will have <br /> drywells to capture water runoff. <br /> 6. There is adequate land area to provide sufficient parking and setbacks as may be required. <br /> 3 <br />