05/22/2024 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Mark Bannon Owners of Record: John J. Marsters and Debra A. Marsters 104 Lakewood Drive, Map 28, Parcel 164 Mashpee, MA SP-2024-15 The Conservation Department comments dated June 6,2024 were read into the record; "Resource Areas: land Under Waterbodies, Inland Bank, and (NHESP) Estimated and Priority Habitat of Rare Species. Notice of Intent(NOI)application to raze and replace of existing dwelling with new dwelling further inland from the edge of Mashpee Pond. Installation of micro fast septic system, drywells, access path to pond, seasonal pier&float, and restoration plantings. Removal of boats, floats, and various debris onsite will be disposed of before construction. NOI was approved at the April 4rh hearing date with condition of driveway made of pervious material with a unanimous vote. " The Board of Health comments dated June 10, 2024 were read into the record; "Bedroom Septic is designed. House is in Phase 2 of the Sewer Plan. On June Srh 2024 the Board of Health granted a variance for this property to have 4 bedrooms with a conventional system. This variance is only allowed since it is in Phase 2 of the Sewer. If the sewer plans change and 104 Lakewood Dr. is no longer receiving sewer hookup then the owner must either 1: Upgrade the septic to I/A with nitrogen aggregation credit land equaling 13,000+ Square Feet, or 2: remove 2 bedrooms and install IIA system. " The DPW comments dated May 21, 2024 were read into the record; "104 Lakewood Drive is a Town-owned road. Any modifications to the existing driveway will require approval from the DPW. " A letter dated May 22,2024 from the abutter located at 23 Melissa Avenue was read into the record who is in favor of the raze and replace project. 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. 3