03/13/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Robert P. McDonald, Jr. and Tracy A. McDonald 14 Capstan Circle, Map 111, Parcel 101 Mashpee, MA 02649 SP-2024-09 Attorney Kirrane believes that the Board could address this issue and request another dry well. He suggested that before a building permit is issued, the engineer could submit a letter of the calculations to satisfy the departments. Chairman Bonvie agreed that the engineer could submit a letter with certain storm calculations that is adequate for NOA standards,not DEP standards. Mr. Bonvie requested to have the engineer submit his calculations to David Morris, Building Commissioner, and the Board to review. Mr. Furbush asked how the owners will manage the drainage of the spa. Attorney Kirrane stated that the Board can condition that the water be drained off site. The Board reviewed the height of the dwelling on the building plans and agree that the Building Commissioner will review the plans when submitted for building codes, and zoning. Mr. Morris commented that the building plans are reviewed by the Board of Health at the time of the building permit is issued. Attorney Kirrane stated that the building plans are reviewed the by respective departments prior to issuance of a building permit. It is suggested that the Board can determine that the redevelopment will not result in a condition that is substantially more detrimental to the neighborhood than the existing structure, and that there is adequate land area to provide sufficient parking, and there are no new non-conformities being created. There were no more comments from the Board. 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. 3