10/09/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Heidi Dalaklis, Trustee of the Heidi M. Dalaklis 2017 Trust Map 123, Parcel, 79,Mashpee,MA 02649 SP-2024-55 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. 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 lot contains 9,000 sq. ft. of gross land area, a substantial portion of which (8,593 sq. ft.) is wetland; • For zoning compliance purposes,the lot size is 407 sq. ft., (excluding wetlands pursuant to footnote 16 in the Land Space Requirements Table, §174-31), where 6,000 square feet is required under §174-31 footnote 18. Thus, the lot is pre-existing, nonconforming as to lot size; • The existing structure covers 1,512 sq. ft. and given the minimum lot size of 407 sq. ft., is pre-existing, nonconforming as to lot coverage; • The existing structure is built in the flood zone,thus,the setback to the wetland is zero feet, and therefore, is pre-existing,nonconforming. The Board further finds and determines that the proposed raze and rebuild proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and use for the following reasons; • New construction will comply with current building code criteria; • New construction will comply with current flood zone requirements; • No new nonconformities are being created; • The applicant will be installing an IA septic system to be approved by the Board of Health; • The shed o the property is being removed eliminating the nonconforming condition to the westerly sideline; 3