09/25/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Peter W. Salenius and Cheri Salenius, Trustees or their successors in Trust,under the Salenius Living Trust 2 Ned Besse Road, Map 21 Parcel 2 Mashpee, MA 02649 Attorney Christopher Kirrane represented Mr. Peter Salenius, the applicant for the Special Permit seeking to allow the raze and replace of his house under §174-17.1 and §174-33 of the Zoning Bylaws. Also present was Brian Wallace,with J.C. Engineering Inc. Attorney Kirrane stated for the record reasons that he believes the Board can approve this raze and replace project.He stated that the proposed new dwelling will be a building code compliant,it will be flood zone compliant, it was approved by the Conservation Commission with substantial mitigation and restoration conditions, and additionally, the proposal provides for storm water control that is currently non-existent on the lot, and the proposed house will be consistent in scope and size with the characteristics of other houses in the neighborhood. There are no new nonconformities being created, and there is sufficient parking as required under the bylaw. The property is located within the R-5 Zoning District and requires a minimum lot size of 80,000 sq. ft., minimum frontage of 150 ft., 40 ft. front yard setback, 15 ft. side and rear yard setbacks, 20%lot coverage, and 50 ft. setback from wetlands. The total lot area is 12,800 sq. ft., and has 75 ft. of frontage. The setback from the pond and inland bank is 50 ft.,the north side yard setback is 9.9 ft., and the south side yard setback is 8.6 ft., all which are nonconforming conditions. The lot coverage is under the 20%requirement, and will decrease. The proposed structure will be further away from the resource area, and will be building code compliant. The north side setback will become conforming from 9.9 ft.to 15.9 ft.,and the south side setback will become conforming from 8.6 ft.to 18 ft.,and eliminates this nonconforming condition. This project has been approved by the Conservation Commission. As shown on the revised plan dated January 3, 2025, submitted by J.C. Engineering Inc., the proposed house does not require any relief from the Ground Water Protection District because there is less than 2,500 sq.ft.of impervious surface.Under§174-80 of the Zoning Bylaws indicates any development which renders impervious surface less than 2,500 sq. ft. is allowed as of right. The driveway is gravel, not paved and is not considered impervious under the calculation, and does not count as lot coverage under zoning. Attorney Kirrane stated that there are two definitions of an inland bank. There's the State definition,and the Town's definition under(Section 174-31 fn.16).The Town's definition includes more land. The former Town Planner opined that the inland bank needs to be deducted from the wetlands resource area as referenced in the Town bylaw.The Board has followed the State's statute regarding the inland bank. A letter submitted from Mr. Daniels,at 26 Melissa Avenue,dated October 7,2024,and January 8, 2025 were read into the record, and a letter from A.M. Wilson Associates Inc., dated October 4, 2024, and January 8, 2025 were read into the record. 2