02/14/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioners, Patrick McNamara and Julie McNamara Owners of Record: Harry F. Selewacz and Marilyn T. Selewacz Irrevocable Family Trust 70 Alma Road(Map 117, Parcel 161) Mashpee, MA 02649 SP-2024-06 The Board of Health comments were read into the record; "Facility is in a Zone II and is deed- restricted to 2 bedrooms previously permitted by the BOH. Septic design plan for proposed new I/A system to be reviewed upon submission to the BOH. Rodent inspection required, with abatement, if necessary. " The Conservation Department comments were read into the record; "Conservation Department comments; this project was approved by the Conservation Commission at their May 9rh public meeting. The project meets the applicable performance standards under Ch. 172, Regulation 25 (Land Subject to Inundation from Coastal Flowage)for a landlocked lot within the AE flood zone. " "New home is compliant with building code in the flood zone. Improved storm water runoff capture and overall reduction of impervious surfaces on the property. No other wetlands within 150 feet (wetland buffer zone) of the project site. Commission required the planting of 3-4 native trees as mitigation for the minor expansion of home footprint. The property owner will work with Concom staff to determine appropriate tree species and locations. " 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. SPECIAL PERMIT FINDINGS Upon review and consideration the Board finds and determined that the existing minimum lot size, maximum lot coverage, front yard setback, and setback from wetlands are lawful pre-existing nonconforming for the following reasons: • The lot contains 6,000 sq. ft.of gross land area,which(3,039 sq.ft.)is land above the flood zone. Lot Frontage: 70 ft., Proposed is 70 ft. Front Yard Setback: 18.6 ft., 3