08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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Road and 25 Menemsha Road were owned by affiliated Massachusetts limited_liability companies owned and controlled by the Tlwstons. 20. As such,21 Menemsha Road and 25 Menemsha Road merged for zoning purposes. They were never legally separated under the Subdivision Control Law. Non-Colpilfiance with Mashpee 21. Rggq AW,-R ace. Under the Mashpee Zoning Bylaw §174-17.1,a request to raze and replace a single-family residence requires a Special Permit,but new non-conformities are not pennitted without the issuance of a Variance ("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.'). 22. As discussed below,the Thurston'proposed project introduces new zoning non- conformities,but no variance has been requested or granted. 23. In the case of Dana J. Andrew, Trustee v.Mashpee_ZPAJAR,Bd. qf_Anm*,Land Court No.21 Misc. 000076(KTS),-the Land Court ruled that Mashpee Zoning Bylaw§174-17.1 was invalid as written. Such ruling was not appealed and is binding upon the Zoning Board in this case. 24-. New Non-conformities. In Biorklund Y. Zonln B . ofApppW§_9f-Norwell,450 Mass. 357(2008),the Court ruled that where a proposed reconstruction of a single-family -7 - 4891-6173-5287.vi