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 a. There will be a depiction of the existing front yard setback of the existing house front the left corner of the street, and the proposed dwelling to the closest portion of the building. b. The proposed should be equal to or less than the existing dimension. There should not be an expansion of this non-conformity. c. The lot coverage shall be amended to state that the lot coverage is at pre- construction of the existing structure, and post-construction of the proposed structure, non-conforming at 100%, and will remain at 100%, and will also depict the percentage of the lot of the structure to include both pre-construction and post-construction. 4, House Plans — Prepared for Silvestro Residence, Date: Dec. 12, 2022, Prepared by: RESCOM, First Floor Plan, Second Floor Plan, Basement Floor Plan, Front Elevation, Right Elevation, Rear Elevation, and Left Elevation. 5. Conditioned on all Town Department comments read into the record. 6. The shed depicted on the site plan shall be removed. 7. Any changes to the plans will require the applicant to return to this Board. 8. The Board made the following specific findings that support the proposed project is not substantially more detrimental to the neighborhood than what currently exists: a. The existing non-conforming easterly side yard setback (11.8 ft.) is being eliminated and will become a conforming condition(16.4 ft.). b. The existing non-conforming westerly side yard setback (13.8 ft.) is being improved (14.2 ft.). c. The setback to the ocean(16 ft.) is being improved (18 ft.). d. The structure,built in 1968 is neither building code nor flood zone compliant. The proposed new structure will be both building code and flood zone compliant. e. The project was approved by the Town of Mashpee Conservation Commission on February 10, 2022. f. All storm water runoff will be captured on site through the installation of drywells. g. The expansion is consistent with projects approved by the Zoning Board of Appeals. 9, The Board also finds under§174-17.1 that the application as submitted is not substantially more detrimental than what existed prior to removal of the existing structure, there is adequate land area to provide sufficient parking, and there are no new non-conformities being created. 4