12/11/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Biria D. St. John and Elaina C. St. John, Trustees of the Biria D. St. John Trust under Declaration of Trust 17 Monomoscoy Road West,Map 114, Parcel 20 Mashpee, MA 02649 SP-2024-63 Attorney Kirrane stated for the record the reasons he believes the Board should approve this raze and replace project. He stated that the proposed new dwelling will be building code compliant, it will be flood zone compliant because it is being moved slightly away from the wetlands, a new IA septic system is proposed, and approved by the Health Agent, and the project includes significant mitigation to be performed as approved by the Conservation Commission. There are no new nonconformities 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. SPECIAL PERMIT FINDINGS The Board 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: • The existing structure pre-dates flood zone construction under FEMA requirements. The proposed new structure will be flood zone compliant to conform under FEMA regulations. • The new proposed IA septic system that will be installed on the lot directly across from the proposed new dwelling is not considered a structure under Zoning. The Health Agent instructed that nothing can be built above the leaching field. • The proposed structure was approved by the Conservation Commission, and requires mitigation plantings and significant restoration plantings. The Board finds this to be a substantial improvement over existing site conditions. 5