7/26/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 26, 2017 Attorney Benjamin Losordo represented the applicants for the raze and replace project. He provided the Board with a narrative of the proposed project and photographs of the adjacent properties. The existing house is currently 30 feet from the wetlands, the new home will be relocated 32 feet away from the wetlands. He said that the homeowners would like to move the deck closer to Popponesset Creek. The current deck is 15 feet from the coastal bank and the applicant would like to extend the deck approximately 5 feet toward the coastal bank. The attorney said that the project was approved by Conservation back in 2014, and they currently approved the amended conditions with a number of concessions for the homeowners which are; moving the house back toward the street, remove part of the lawn and all the ornamental shrubs, and replace them with native species. The homeowners also agreed to restore 4,000 feet of wetlands on their property. Chairman Furbush had a question regarding 2.5 stories, with the garage and the walk out basement. Mr. Mendoza said that if the sides exposed are more than 50% of the structure, it does become another story under the building code. Mr. Bonvie had a conversation with the Conservation Agent regarding the setbacks and various criteria related to the wetland resources. The Conservation Agent said that their regulations are different than zoning and that the applicant has complied with Concom for their proposed mitigation project. Mr. Bonvie said that after his discussion with the Conseniation Agent, in his opinion, he does not have a problem with the project.. He said he would be more concerned with side yard setbacks than setbacks relating to the wetlands. Mr. Blaisdell said that he will base his decision on whether, the project is more non- conforming than what previously exists. He said he is satisfied with the comments supplied by the Town departments. Mr. Gould said that in his opinion he is satisfied with the project because the applicant has made some changes relating to the setbacks. Mr. DeBarros does not have any problem with the project. Chairman Furbush said that he had a conversation with Drew McManus, Conservation Agent regarding the proposed structure moving closer to the wetlands. Drew said it was approved because the structure was going into a previously disturbed area. Drew explained that Conservation looks to see if the project is disturbing the wetlands area that was undisturbed prior to the request. He explained that the area that the applicant requested the relief on was previously disturbed because it is a grass lawn and that the project was not making the situation worse. Drew said that the setbacks per say are not part of their purview. They care about the disturbance of the wetland and he leaves the setbacks up to the ZBA. 5