08/28/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Brian and Elizabeth L. Rutana, Co-Trustees of the Brian and Elizabeth Rutana Trust 53 Greenwood Road, Map 117, Parcel 343 Mashpee, MA 02649 SP-2024-44 The subject property located at 53 Greenwood Road contains a total of 6,500 square feet of land. The subject lot is located within the Popponesset Overlay District. The minimum dimensional requirements in the Popponesset Overlay District are as follows: Minimum Lot Size—6, 000 sq. ft. Minimum Frontage—60 ft. Minimum Front Yard Setback—25 ft. Minimum side and Rear Yard Setbacks— 15 ft. There were no abutters present. 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 front yard non-conformity will be eliminated. • Both rear yard non-conformities are being eliminated. • The structure coverage percentage of the actual overall lot area is decreasing from 32.3% to 22.9%. • The proposed dwelling is consistent with redevelopment in the neighborhood 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