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 The Conservation Department comments dated October 2, 2024 were read into the record; "Resource Area: "Inland Bank, buffer zone to Land Under Waterbody, and Estimated Habitat of Rare Wildlife. NOI application was approved unanimously due to the dwelling being moved further from the resource areas, decrease is house footprint, and increase in naturally vegetated areas. Existing dwelling is part of the inland bank and concerns about bank stability, wildlife habitat loss, and tree die off from root disturbance during and after construction. NOI application supplied certified reports for each and commission placed multiple conditions to ensure resource area protection. " Conditions as follows: • Three year mitigation monitoring and maintenance contract with certified professional. • Weekly construction reports offoundation&retaining walls submitted to the Conservation Department • Stamped structural plans for retaining walls submitted to the Conservation Department. • Report any adverse impacts from water run off after a storm event. A letter submitted by the Fire Chief dated January 8,2025 was read into the record; "After visiting the site at#2 Ned Besse Rd., I observed that the existing driveway serves two residences: #2 and 46 Ned Besse Rd. Since the driveway is already in place, my request is that the road maintains an overhead clearance of 13 feet 6 inches and a minimum width of 20 feet.Additionally, I ask that the driveway be maintained regularly. During my site visit, I noticed a significant amount of debris on the driveway, which could limit access. 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. 4