06/14/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, The Popponesset Island Road LLC and Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust 12 & 16 Popponesset Island Road (Map 105 Parcel 264) (Map 105 Parcel 266) Mashpee, MA 02649 SP-2023-34 Mr. Rivera stated that the design of the down spouts are to prevent excessive rain drainage backup from the drywells so excessive water will not backflow over the roof. The design is for a 25-year storm event. The plan also depicts the low areas so any overflow goes to yard drainage. This was approved by Conservation. Mr. Rivera explained that the surveyor does not enter a dwelling to perform a measurement, and uses the threshold of the point of entry. Mr. Rivera mentioned that there was a case that the Board had a discussion regarding upland above the flood zone and beyond the wetlands. The lot coverage was 35% and was approved to go up to 40%. Counting land in the flood zone is about 67,600 sq. ft. of upland are discounting the wetlands. There is about 14,000 sq. ft. of LSTCSF, so there is 23,000 sq. ft. of upland area. Attorney Ford stated that the reduction in the lot coverage was improved from 6.3% to 1.5%., as well as the setbacks. The Board had a discussion regarding the 15 ft. private way depicted on the plan as the only access to the driveway. Attorney Ford is willing to accept a condition, and provide the Board a plan depicting that there is legal access on both entrances including the easement. Chairman Bonvie asked for further comments. Mr. Furbush stated that the lot is odd shaped and he had no issues. There were no comments from the Board or audience. SPECIAL PERMIT CRITERIA ARTICLE V -Nonconforming Buildings and Uses §174-17.1 Raze and Replace History:Added 10-15-2018 ATM,Article 16,approved by Attorney General 1-9-2019. No pre-existing, non-conforming single or two(2) family dwelling structures shall be torn down and rebuilt on any lot unless there is an issuance of a Special Permit from the Zoning Board of Appeals. Such a Special Permit may be granted only if the Zoning Board of Appeals finds that any changes, extensions, alterations or reconstruction of the pre-existing non-conformities are not substantially more detrimental than exists prior to removal of the existing structure and that there is adequate land area to provide sufficient parking. In no case shall new non-conformities be permitted without the issuance of a Variance. 7