08/14/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners,John J. Mizzi and Christine Mizzi 54 Kim Path, Map 117 Parcel 96 Mashpee, MA 02649 SP-2024-42 The Board made the following findings: • New construction will comply with current building code criteria. • New construction will comply with flood zone requirements. • The project includes a new I/A septic system approved by Board of Health. • The existing side yard non-conformity will be improved. • Dry wells are proposed. • There will be six new catch basins installed in the rear of the property. • An additional 125 gallon leaching chamber will be installed. • The proposed percentage structure coverage is 24.83%within the 25% lot area allowed in the Popponesset Overlay District. • The proposed dwelling is consistent with redevelopment in the neighborhood. • No new non-conformities are being created. 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. §174-33 — Setback from water and wetlands: Any building or structure, exclusive of fixed or floating piers,wharves, docks, bridges or boardwalks, shall be set back at least(50')feet from any water or wetland as defined by MGL C. 131, §40. 3