01/13/2021 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Eprem Epremian Owners of Record: Frederic W. Blythe and Melissa P. Phillips 228 Wading Place Road (Map 112 Parcel 59) Mashpee, MA 02649 SP-2021-05 The building is 0.6 ft. beyond what is allowed under the zoning bylaw but that was a non- conforming condition that existed previously, and in all other respects the building conforms to current zoning.Attorney Kirrane said that there are no new conformities being created with the new construction that is substantially more detrimental than the existing conditions on the site. The Conservation Commission has approved this project and issued the appropriate order of conditions. The septic system on the site is sufficient to accommodate two bedrooms in this particular location. The building size was reduced to meet the 15 ft. setback on the common property line,and other than that revision,the plans are the same as originally submitted. Chairman Furbush asked what the existing setback was from Wading Place Road.Attorney Kirrane said that the existing front yard setback is 24.5 ft., and will be revised to 24.4 ft. The requirement in the Popponesset Overlay is 25 ft. The lot coverage is at 12.7%, and is significantly lower than the allowed 25%. Mr. Furbush had no more comments, and polled the Board members for their comments. Scott Goldstein said his only concern was the 15.3 ft. setback from the steps, but he is satisfied that the engineer revised that setback to 15.5 ft. There were no other comments from the Board. Tim Santos with Holmes and McGrath commented that the building is actually built on piles. There is no crawl space because the property is in a velocity zone. So the setback to the piles is 10 ft. and meets the requirements. He will speak with Mr. Harrington at the appropriate time when the project moves forward for a building permit if approved by the Zoning Board. The Conservation Department comments dated January 26,2021 were read into the record that the property was approved by the Commission. The Board of Health comments dated January 27, 2021 were read into the record. Attorney Kirrane commented that the Conservation Commission indicated that the project is appropriately conditioned to protect the wetland resource areas. This contributes to the fact that what is being proposed is not substantially more detrimental. The bylaw doesn't state that it's substantially more detrimental to a neighbor,the bylaw just states that it's not substantially more detrimental than the existing conditions. The Board of Health said that it's a two bedroom structure,the plans show it's a two bedroom structure, and the engineer addressed the concerns of any required variances from the Board of Health. Attorney Kirrane said that the former owner of the property could have conditioned a restrictive development on this lot when they sold it but they did not. 3