01/25/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT George C. Silvestro, Jr. and Mary L. Silvestro, Trustees 80 Waterway(Map 105 Parcel 214) Mashpee, MA 02649 SP-2023-05 The proposal consists of a new two-story, four bedroom structure. The site has a denitrification system that allows up to four bedrooms and meets the Board of Health requirements. The front yard setback is increasing slightly from 33.6 ft. to 31 ft. However, the westerly side setback will be improving from 11.8 ft.to 14.2 ft.The easterly side yard setback will be eliminated and become conforming at 16.4 ft. The setback from the nearest wetland will be improve from 16 ft. to 18 ft. The overall footprint hardscape on the lot is actually decreasing by 400 sq. ft. by removing the concrete patio. Attorney Kirrane said that the structure will be building code, and flood zone compliant. The project was approved by the Conservation Commission in 2022. Pursuant to Section 174-17.1 the Board has to make three findings: 1)No new conformities are being created, 2) There's sufficient parking onsite (there will be two parking spaces in the driveway), and 3)The Board must find that the proposed structure is not substantially more detrimental to the neighborhood than what currently exists. The Board had a discussion regarding the front setback shown on the proposed site plan that depicts 31 ft. to the proposed steps/walkway. The Board requested that the applicant provide a revised site plan prior to a building permit depicting the closest setbacks of the structure to the street of both pre-construction and post-construction, and that there is no increase on that setback. The Conservation Department comments dated January 24, 2023 were read into the record; "The Conservation Commission approved this project with conditions of compensatory plantings (mitigation) in the areas of existing gardens abutting the coastal bank in exchange for the raze and replace of the single family home and the temporary impacts thereof to the lot. Additional condition that any restored lawn areas must meet current conservation-friendly lawn standards as per Regulation 31 under Mashpee's Ch.172 wetland bylaw." The Board of Health comments dated January 19, 2023 were read into the record; "The septic design plan has been approved for 4 bedrooms. The floor plans depict 4 bedrooms rooms that meet the Board of Health bedroom definition. The raze and replacement of the dwelling will also require a rodent inspection prior to approval of the demo/building permit." GENERAL CRITERIA The subject property located at 80 Waterway is approximately 10,400 square feet. There were no abutters present. 2