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 Board finds that no new non-conformities will be created by the project. In view of the foregoing,the Board determined that the Petitioner has met the criteria for a Special Permit pursuant to Bylaw §174-17.1; i.e., that the proposed changes, extensions, alterations or reconstruction of the pre-existing non-conformities are not substantially more detrimental to the neighborhood than the conditions existing prior to removal of the existing structure,and that there is adequate land area on the subject lot to provide sufficient parking. The Board further determined that no new non-conformities are being created by the proposed project. Upon motion duly made and seconded at the Public Hearing on Wednesday, January 8, 2025, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Owner, Peter W. Salenius, Trustee of the Salenius Realty Trust pursuant to §174-17.1 and §174-33, of the Zoning Bylaws, and M.G.L. c. 40A, §9 to raze a pre-existing,nonconforming single-family dwelling and replace it with a new single-family dwelling on property located at 2 Ned Besse Road, (Map 21, Parcel 2),in the R-5 Zoning District,Mashpee, MA, subject to the following conditions: 1. Proposed Site Plan—2 Ned Besse Road,Mashpee,MA.Prepared for:Peter Salenius,Scale: 1" = 10', Date: December 20, 2024, Prepared by: JC Engineering, Sheet 1 of 2. Sheet 2: Front,Right,Rear,and Left Elevation View,Revised:January 3,2025. Stamped and signed by: John L. Churchill,No.: 48066 Professional Land Surveyor. 2. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments. 3. Conditioned on the comments submitted by the Mashpee Fire Chief regarding the road clearance and included into the record. 4. Any changes to the plans will require the applicant to return to this Board. 5. Conditioned that the applicant seek and obtain the Building Department review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 6. The Board finds under§174-17.1 and§174-33 that the proposed project as submitted is not substantially more detrimental to the neighborhood than the existing conditions prior to removal of the existing structure, and that there is adequate land area on the subject lot to provide sufficient parking, and there are no new nonconformities being created. 7. Conditioned that a top of foundation elevation, and average grade certified letter be submitted to the Building Department at the time of the certified foundation plan. 6