01/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10, 2024 Mr. Reidy made a motion that the Board issue a Special Permit for 279 Monomoscoy Road to Owners,Patrick J. Dale and Rickart A. Connole, Trustees of the 366 CS Realty Trust under §174- 17.1 of the Zoning Bylaws to raze and replace a pre-existing, nonconforming three bedroom dwelling, and replace it with a new three bedroom dwelling with a detached garage on property located in an R-3 Zoning District, Map 120, Parcel 37, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan— Existing Conditions Plan, Scale 1" = 10', Date: 11/30/2023, Drawn by: JDR, Rev. date: 01/01/24 — Rev. date: 12/18/23, Sheet 1 of 5, Sheet 2: Rev. 01/01/24: Move House/Recalc., Sheet 3: Septic/Draining Plan, Sheet 4: Design Date, Sheet 5: Post- Construction Plan. Stamped and signed by: Richard Hood,Land Surveyor,No.: 35031 and John Landers-Cauley, Civil Professional Engineer, No.: 35101. 3. Building Plan — Prepared for Dale Residence, 279 Monomoscoy Road, Mashpee, MA. Date: September 14, 2023, Prepared by: CES Designs, LLC. Revisions date: 01/02/24, Preliminary. A0: Garage Elevations,Al: Exterior Elevations,A2: Exterior Elevations,A3: Foundation Plan, A4: First Floor Plan, A5: Second Floor Plan. 4. Conditioned on all Town Department comments read into the record including but not limited to the Conservation Dept. and Board of Health. 5. Conditioned on the comments submitted by Catherine Laurent, DPW Director, dated January 8, 2024. 6. Conditioned upon approval by the Conservation Commission on their presentation to the Conservation Commission, with any changes resulting to the plans, those changes to be submitted to the Zoning Board of Appeals. T The Board finds that the application as submitted will not result in a detriment to the neighborhood. That there are no new nonconformities being created. There is adequate parking as may be required. Given the density of the site is unchanged,the project will not result in an impact to the surface or ground water quality that exists today. Wildlife habitat will be improved by the removal of invasive species and there will be substantial mitigation plantings. There will be no detriment to traffic flow or traffic safety, water ways, and fisheries given the density of the site is not proposed to increase.The proposed replacement dwelling and barn will not be substantially more detrimental to the neighborhood that existed previously, and that the request for a Special Permit can thus be approved. The benefits asserted by the applicant relative to utilizing the area within the foundation walls to increase flood storage capacity and the layout of the replacement dwelling and barn will not be substantially more detrimental to the neighborhood than existed previously and can be approved. Any changes to the plans will require the applicant to return to this Board. 9