03/08/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-97-73) Owner, Mashpee 151 Properties, LLC 425 Nathan Ellis Highway(Map 72 Parcel 56) Mashpee, MA 02649 MOD-2023-15 Mr. Bonvie asked Ms. Peters if she would prefer to have the arborvitaes installed on her property. She agreed to accept that offer and thanked Mr. Anderson. Mr. Bonvie commented that his concern is that someone needs to take responsibility of the O&M plan to inspect the rain gardens and basins after every storm event,and submit a report four times a year. He plans to keep track of this going forward, and if asked to make a motion, it will be a condition that the Board is notified.He reviewed the site plan and is concerned about the existing and proposed area noted as the "CCB" of the parking area and the rear lot line noted as 2196. He also expressed his concern that the proposed berm could cause possible flooding on Sassacus Road. The Board had a discussion and would like the Building Commissioner to keep track of the O&M Plan for this property. Mr. Bonvie offered to help with this effort. The Board read the Conservation Department comments dated April 12, 2023 into the record; "Not in wetlands jurisdiction", and Board of Health comments; "a Title 5 inspection is required for increase of footprint of facility", and the Fire Chief comments that he is satisfied with Mr. Pesce's report. There were no further comments from the Attorney. There were no further comments from the Board or audience. GENERAL FINDINGS The subject property located at 425 Nathan Ellis Highway contains a total of 72,875 square feet of land. The existing lot coverage by structures: Retail Building is 8,522 sq. ft.(11.7%).Proposed lot coverage by structures: Retail Building plus the Addition is 10,710 sq. ft. (14.7%). SPECIAL PERMIT CRITERIA ARTICLE V -Nonconforming Buildings and Uses §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter.Non-conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of§174-31 or,for lots which have been developed pursuant to §174-21,complies with such requirements as were applicable to initial construction of the dwelling under provisions of §174-21. 3