01/10/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Patrick J. Dale and Rickart A. Connole, Trustees of the 366 CS Realty Trust 279 Monomoscoy Road, Map 120, Parcel 37 Mashpee, MA 02649 SP-2024-04 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 entered into the record, the Zoning Board of Appeals hereby finds and determines that the proposed new dwelling will be not be substantially more detrimental to the neighborhood than existing conditions prior to removal of the existing structure for the following reasons: • The proposed structures consist of 2,933 sq. ft. at 18.4%lot coverage and is well under the 20%requirement as indicated under §174-31 (Land Space Requirements Table). • The foundation of the new dwelling will be filled with crushed stone, and will have flood vents installed to prevent hydrostatic pressure in the event of a flood event. • The new structure will meet current building code requirements. • The proposed dwelling will remain three (3)bedrooms. • A garage will be built to provide adequate parking. • The site will have dry wells, and the dwelling and garage will have gutters installed to capture any water runoff. • A new I/A septic system will be installed. • The proposed dwelling will comply with FEMA regulations. • There are no new conformities being created. 4