10/12/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Jordan Keliinui 83 Red Brook Road (Map 104 Parcel 4) Mashpee, MA 02649 SP-2022-45 SPECIAL PERMIT FINDINGS The Board of Appeals shall find that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. The Board requested the following comments be submitted for the record; Conservation Department; "not within wetlands jurisdiction". Board of Health; "the septic has been submitted and approved". Fire Chief Phelan comments noted below and conditioned as part of this Decision. Attorney Mills written response to the Fire Department. GENERAL 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. The subject property located at 83 Red Brook Road is approximately 18,873 square feet. There were two abutter letters read into the record.