12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Russell J. Spencer (a/k/a Russell L. Spencer), and Anne E. Spencer 29 Riverside Road, Map 119, Parcel 81 Mashpee, MA 02649 SP-2023-66 The property consists of a single story two (2) bedroom ranch style home that was built in the 1950's, that is located closest to the street along Riverside Road. There are also three (3) other cottages on the property which will remain, and has no proposed work. The existing two bedroom structure to be razed is non-conforming in three aspects. It is non-conforming on the northerly side yard setback at 9.7 ft. from the property line where 15 ft. is required. It is also non-conforming from the 50 ft. setback to wetlands because the lot is partially located in the (LSCSF) Land Subject to Coastal Storm Flowage, and the existing lot coverage is non-conforming at 32.36% where 20% is required. The property contains a total of 31,300 sq. ft. including LSCSF of land where 40,000 sq. ft. is required. The lot size is 12,100 sq. ft. excluding land that is within the coastal storm flowage area. There are no new non-conformities being created, and eliminating the side yard non-conformity from 9.7 ft. to 15.1 ft., and there is no increase from the 50 ft. setback from wetlands. Attorney Kirrane stated he met with the Board of Health, and his clients agreed to install an I/A system that encompasses the entire property,meaning every structure on the lot will be connected to the new I/A system which is beneficial to this property. His clients did not necessarily have to agree to this process because they filed this proposal prior to the change in the Board of Health regulations. The Board of Health Agent provided his comments and agreed that this process will be compliant. The project received a negative determination (approval) from the Conservation Commission. As indicated by the comments submitted by the Assistant Conservation Agent stating it will be an improvement to the existing site conditions. There were also positive comments submitted by the Town Planner. Attorney Kirrane stated that the proposed project is consistent with the neighborhood.He provided photographs of the adjacent homes that were approved in the past by the Zoning Board. He stated that the Board can make a finding under §174-17.1 that there are no new conformities being created, that there is sufficient parking, and that the proposed new structure and garage is not substantially more detrimental to the neighborhood than what currently exists. Attorney Kirrane stated the reasons he believes the Board can approve this project. He stated that the new structure will be building code compliant. There will be a new I/A septic system installed that will decrease nitrogen loading for the entire property, and the Conservation Commission has approved this project. He also stated that all the proposed work on this property is outside of the wetland resource area. 2