10/09/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Karl F. Oliver and Carol A. Oliver, Trustees of the 25 Riverside Road Realty Trust 25 Riverside Road,Map 119, Parcel 82 Mashpee, MA 02649 SP-2024-56 The subject lot is located in the R-3 Zoning District and has the following minimum dimensional requirements: Minimum Lot Size—40,000 sq. ft. Minimum Frontage— 150 ft. Minimum Front Yard Setback— 15 ft. Minimum Side and Rear Yard Setbacks— 15 ft. The Board made the following additional findings: • New construction will comply with current building code criteria. • New construction will comply with flood zone requirements. • The northwesterly side yard non-conformity will improve. • There will be drywells installed on site to capture all storm water runoff. • The structure coverage in the upland area is under 20%. • Lot coverage is decreasing from 27.2%to 25.9%. • The project is consistent with other development in the neighborhood. • There is no proposed Accessory Dwelling Unit (ADU). 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