06/12/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Erik N. Saarinen 62 Whippoorwill Circle,Map 125, Parcel 183 Mashpee, MA 02649 SP-2024-28 GENERAL FINDINGS The Board of Health comments dated June 10,2024 were read into the record; "3 bedroom house. Updated septic plans with waterline must be submitted to Health Department Permit Application. " The Conservation Department comments dated June 6, 2024 were read into the record; "Resource Areas: Land Subject to Coastal Storm Flowage (LSCSF)N07 application for raze and replace of existing single family dwelling with attached garage, drywells, and upgrade to an Ll septic system. Application was approved at the April 18`h hearing with condition to increase naturally vegetated area to original 22.S% of lot and lawn not to be over 10%of property lot with a vote of 4:1. " The Board reviewed the building plans to determine the height of the proposed dwelling, and to confirm the amount of drywells to be installed. The height requirement in the R-3 Zoning District is 35 ft. of the average grade. The height of the new dwelling will be confirmed with the Building Commissioner with submittal of the building permit. SPECIAL PERMIT FINDINGS ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter.Nan-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 or,for lots which have been developed pursuant to §174-21,complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. Changes, extensions or alterations of non-conforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other non-conforming structures, or non-conforming uses, may not be made unless there is a Written Finding by the Zoning Board of Appeals that such change, extension or alteration shall: • not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, • and,that there is adequate land area to provide sufficient parking and setbacks as may be required. 2