10/09/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Martin J. Reilly 15 Childs Road, Map 114, Parcel 93, Mashpee, MA 02649 SP-2024-54 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 to the neighborhood than conditions existing 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. §174-25 I(1)—Accessory Uses: Private garage for use of the residents. SPECIAL PERMIT FINDINGS Upon review and consideration of the testimony and evidence entered into the record,the Zoning Board of Appeals herby finds and determines that the existing minimum lot size, maximum lot coverage, front yard setback and setback from wetlands are lawful pre-existing nonconformities for the following reasons: • The existing lot is 4,000 square feet, and is therefore,pre-existing,nonconforming. • The existing structure covers 770 square feet and given the minimum lot size of 799 square feet, is pre-existing,nonconforming as to lot coverage; • The existing structure is built in the flood zone, thus, the setback to the wetlands is zero square feet and therefore, is pre-existing, nonconforming. • The existing structure was built in 1950 and is not building code compliant. The new structure will be building code compliant. • The proposed structure was approved by the Conservation Commission and has significant mitigation requirements. • All storm water runoff will be captured on site through the installation of drywells. • A new IA septic system is proposed,therefore, eliminating the cesspool. • Construction of the building is subject to and contingent upon Board of Health final approval. The Board further finds the Applicant agreed to; • Adjust the height of the proposed garage door from 10 ft. to S ft. • Adjust the ridge height of the proposed dwelling from 24 ft.to 22 ft. • Agreed to construct the egress stairway on the west side of the proposed structure. 5