05/24/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT(S) (SP-83-3-008, SP-00-167, SP-02-59, SP-2020-06) Owner, 21 Frog Pond Close, LLC 21 Frog Pond Close (Map 90 Parcel 83) 352 Mashpee Neck Road (Map 90 Parcel 97) Mashpee, MA 02649 MOD-2023-32 13. The Zoning Board of Appeals finds that the residential use of the property is incidental to the marina only. 14. No short-term rental of the property. 15. Site Plan—Prepared for: Shoestring Bay Nominee Trust,II Timothy W. Leedham, Trustee, Project 352 Mashpee Neck Road and 21 Frog Pond Close, Mashpee, MA. Drawing Title: Site Aerial Exhibit Plan, Date: May 23, 2023, Page 1 of 3, Rev. Date: 5/2/23: Add Arborvitae Screening (Red Eastern Cedar), 6/2/23: Revise Access Location, Prepared by: Cape&Islands Engineering.Drawing Title: Site Improvement Plan,Page 3 of 3.Revisions dates: 5/2/23: Add Arborvitae Screening, 6/2/23: Revise Access Location, 6/9/23: Revise Drainage and Fence Gate Size, 6/14/23: Revisions per Peer Review, 6/27/23: Issued for permit. 16. Conditioned that any modifications to the plans will require the applicant to return to this Board. Referencing comments made by the applicant that any conditions that are added as additional sheets could require this Board to review any and all changes. 17. Access to the additional overflow parking area shall be from 21 Frog Pond Close only (except emergency access through the gate) and the access to the residence shall remain from 352 Mashpee Neck Road. 18. The residence may only be used by the owner of the marina and family, or an employee of the marina and family. 19. Conditioned that the Deed be recorded at the Barnstable County Registry of Deeds as a deed-restriction limiting the use of this home as an accessory use to the marina for owner or employee. 20. A portion of the residence may be renovated for office use that is only to be used as accessory and incidental to the marina. A building permit is required prior to any renovations. 21. The residence cannot be used as an accessory clubhouse, restaurant, snack bar or wet bar nor shall any pre-existing or newly constructed accessory structure on the subject property be utilized for the aforementioned uses. 22. The number of boats to be stored on 352 Mashpee Neck Road cannot exceed the number of parking spaces approved by the Zoning Board of Appeals (32). 23. The Special Permit is conditioned upon approval by the Conservation Commission. 7