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 For purposes of this application and analysis said Bylaw is being interpreted by the Board to read: 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 to the neighborhood than conditions existing 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 The Board finds and determined that the proposed raze and rebuild proposal will not be substantially more detrimental to the neighborhood than the existing non-conforming structure and use for the following reasons: • The existing structure was built in 1963 and is not building code compliant. The new structure will be building code compliant. • The proposed structure was approved by the Conservation Commission, and requires mitigation plantings and significant restoration plantings. The Board finds this to be a substantial improvement over existing site conditions. • All storm water runoff will be captured on site through the installation of drywells,whereas there are no existing storm water management features on the property. • Overall,the proposal will result in an improvement to the lot, and the new structure is similar in size, scope and character to other existing structures located in the surrounding neighborhood. • Construction of the dwelling is subject to and contingent upon Board of Health final approval. • The Bylaw requires two parking spaces for a residential structure. The Board finds that the driveway contains adequate land area to provide sufficient parking and setbacks, as may be required. • The rear yard, and both side yard setbacks are currently nonconforming, and will become conforming. • The Board determined the project does not require a Special Permit under the Ground Water Protection Overlay District because there is less than 2,500 sq.ft.of proposed impervious surface. 5