02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Frederick J. Naddaff, Jr. and Linda Naddaff 29 Overlook Knoll Road(Map 118 Parcel 33) Mashpee, MA 02649 SP-2019-13 Chairman Furbush asked how many cars will be able to park in the garage and driveway. Mr. Healy, with BSC Group said the distance is 95 ft. along the boundary of lot 10, and the average car will take 20 ft. It could accommodate four or five cars outside the garage only, and five to six cars including the garage. The requirement is for two cars. Mr. Bonvie wanted confirmation that this project is not creating any new non- conformities. Mr. Kirrane said; correct. Mr. Bonvie also wanted confirmation of the status on the abutter appeal with Conservation, and if the appeal was dropped. Mr. Kirrane said that his understanding is that the abutter had submitted a letter to DEP withdrawing the appeal,but the abutter's Counsel is present and he can speak on that. But his understanding is that DEP notwithstanding the request to withdraw because there's an open file on the basis for the withdrawal that there was nothing pending before the Zoning Board of Appeals at the time because the prior applications for specific findings,and a variance were withdrawn at the request of the Board. Mr. Kirrane said he informed DEP that he would be presenting this application once the bylaw was resolved, and submitting plans essentially identical to what they had previous had. Mr. Bonvie wanted to know if the appeal was filed in court or just with DEP. Mr. Kirrane said;just with DEP. Mr. Furbush wanted to know if there will be drywells on the property. Mr. Healy said it was part of the order with Conservation and pointed out the 500 gallon dry wells depicted on the plan that will provide for roof run off. Mr. Furbush polled the Board members asking if they had any comments. There were no more comments from the Board. Ms. Sangeleer read the following Town Department comments into the record; Inspection Department comments dated February 20, 2019 into the record. Conservation Department comments dated February 19, 2019, stating that the project was approved by the Commission, and appealed to DEP for a superseding order of conditions by abutters to the property, but does not know the status of the appeal to the DEP. Board of Health comments dated February 26,2019 into the record stating the plans are acceptable for three bedrooms, and will require to follow the demo procedures. Chairman Furbush opened the hearing to the audience. Attorney Alexander Joyce represented the direct abutters, John Lynch of 25 Overlook Knoll Road,and James and Patricia Kelly,who reside at 30 Overlook Koll Road. He provided the Board his memorandum and exhibits. Mr. Joyce and his clients oppose the project, and believe that the project requires Variances. 3