02/24/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Gerald Bellis, Trustee, Anthony P. Gargiulo 1999 Special Trust FBO Carol A. Bellis And Anthony P. Gargiulo and Carol A. Bellis, Trustees, Marcia A. Gargiulo Irrevocable Spousal Access Trust of 2012 FBO Anthony P. Gargiulo 104 Popponesset Island Road (Map 112 Parcel 3) Mashpee, MA 02649 SP-2021-24 The applicants want to replace the mid-seventies structure with a new two-story, four bedroom home which eliminates the side yard non-conformity by increasing the setback to 23.4 ft., and maintains the existing wetland setback. The project was approved by the Conservation Commission, and will have a new Title 5 Septic System installed. There are no new non-conformities being proposed. The Board reviewed the site plan and had no issues.Mr.Bonvie confirmed the lot coverage being 16.05% and will become 15.93%making it better. The Board of Health comments and Conservation Department comments were read into the record. 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. GENERAL CRITERIA: The subject property located at 104 Popponesset Island Road is approximately square feet. There were no abutters present. 2