03/13/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Frank Thomas and Kristina Thomas 123 Shore Drive (Map 117 Parcel 262) Mashpee, MA 02649 SP-2019-16 The existing plan shows the setbacks on Kim Path at 19.2 ft. The engineer provided a revised plan showing the proposed distance from Kim Path to the structure being 19.7 ft.. which is better than the 19.2 ft. that currently exists. The Board knows the bylaw was adopted as Section 174-17.1 and provides for allowance of a raze and replace project upon a grant of a Special Permit relief which the Board must find that the proposed reconstruction of a new dwelling will not be substantially more detrimental to the neighborhood than what currently exists. The construction of a new dwelling will be a substantial improvement than what currently exists. The new dwelling will obviously have to conform to current day building codes, and will be a significant increase in value as compared to the value that's on the existing structure. In addition, the proposed plan calls for a semi-circular drive along Kim Path, and is more than adequate to provide the required two parking spaces that are required under the bylaw for residential use, and there's adequate room along the westerly side of the structure for additional parking if needed. The lot coverage is increasing because the . building is larger from the existing 14.3%to 24.6%,but will still be within the 25%allowed in the Popponesset Overlay District. Mr. Furbush asked if there is a garage underneath. Attorney Kirrane said that it is just storage space. The homeowner said; its storage space. Mr. Furbush asked if there will be any more new non-conformities. Attorney Kirrane said no; eliminating one of the non-conformities and improving the other slightly. Sharon read the Board of Health comments into the record. Jonathan read the Conservation and Inspection Department comments into the record. Jonathan continued with the Inspection Department comment noting that if the proposed wall is high enough, it may require a guard to be installed along the entire wall. Mr. Goldstein said if the wall gets above four ft., it will need protection of a railing or bushes; something for fall protection. 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. 2