01/10/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Patrick J. Dale and Rickart A. Connole, Trustees of the 366 CS Realty Trust 279 Monomoscoy Road, Map 120, Parcel 37 Mashpee, MA 02649 SP-2024-04 The Town Planner's recommendation comments dated January 5, 2024 were into the record; "It is my opinion that the ZBA can approve this request as presented if it is found that the proposed site improvements will not result in a detriment to the neighborhood, that there are no new nonconformities being created and that there is adequate parking. Given that the density on the site is unchanged we can't reasonably state that this project would result in an impact to surface or groundwater quality that exceeds what exists today. Wildlife habitat will be improved by the removal of existing invasive species and substantial mitigation plantings. I believe the Board could find that the proposed replacement dwelling and barn is not substantially more detrimental to the neighborhood than existed previously and that the request for a special permit could be approved. The applicant has thoughtfully addressed the many concerns raised in recent years relative to structural expansions in the floodplain. " The Conservation Department comments dated January 4,2024 were into the record; "This project is scheduled for review by the Conservation Commission on January 1Ph, 2024. In the opinion of the Conservation Agent, the project does involve additional structure from what's existing,- however, with a substantial amount of mitigation proposed to offset an increase in structure on a property that has no naturally vegetated buffer strip between the home and the coastal bank/land under ocean. Additionally, the upgrade of the septic system to an IA system, removal of invasive plants and replacement with native species and providing flood storage capacity in the crawl space under the proposed home should help to improve site conditions overall in terms ofwetland values and reduction of impacts to water quality Overall, this results in a net environmental benefit over existing conditions on the lot. It is important to note that the majority of this property is previously/legally altered with little to no natural vegetation left. " Mr.Morris stated that he met with the applicant and agrees that the project will be an improvement. Attorney Klauer stated that the room on the first floor now has a 6 ft. cased opening, and was revised on the plan. Chairman, Bonvie polled the members to determine if they had concerns that the proposal had not been heard by the Conservation Commission, but was scheduled on January 11, 2024. Mr. Blaisdell had no issues after hearing the specific comments submitted by Drew McManus, Conservation Agent. Mr. Furbush agreed, Ms. Sangeleer agreed, as long as a condition was made upon approval by the Conservation Commission. Mr. Reidy agreed, as long as the applicant complied to return to the Board if there were any changes with the plans. 3