09/08/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 8, 2021 Mr. Goldstein made a motion that the Board continue 5 Clamshell Lane until September 22, 2021, with the condition that the applicant provide an accurate elevation and height plan of the home to satisfy the Zoning Enforcement Officer. Sharon seconded. All were in favor. Sitting on this hearing was Mr. Bonvie, Mr. Goldstein,Mr. Gould,Ms. Sangeleer, and Mr. Ganzenmuller. 36 Summersea Road: Petitioner, Joseph Anastos requests a Special Permit under §174- 17.1 and§174-33 to raze and replace a pre-existing non-conforming single family structure on property located in an R-3 Zoning District, Map 105 Parcel 26, Mashpee, MA. (Owner of record: 36 Summersea LLC). Mr. Anastos represented the raze and replace project. He said that the property has been approved for three bedrooms. A septic plan has not been submitted, and he is scheduled with the Board of Health on September 23rd. The dwelling is considered condemned until the tear down and the septic are in compliance. He provided the Board with an existing and proposed site plan of the home. He also had the proposed house plans. He has submitted his plans to the ARC (Architectural Review Committee in New Seabury). Mr. Anastos said that the ARC requested that the house be moved 2 ft. from the sideline. George read a letter dated August 2, 2021 from the Town Planner that mentions the proposed dwelling is within the New Seabury Special Permit area. The Town Planner suggested that a formal withdrawal be submitted for the raze and replace project. Dave wanted the Board to review this project to determine if it is conforming or non- conforming.He also wanted the Board's opinion regarding raze and replace projects within the New Seabury area. Mr. Bonvie said that the Board relies on the Zoning Enforcement Officer's decisions and whether applications require ZBA approval. The Board agreed that this proposal can be withdrawn under the Section 174-17.1 because it is within the New Seabury Special Permit area, but it would be within their jurisdiction to determine the setbacks from the wetlands under Section 174-33. Mr. Anastos said that the construction of the house is not within the wetland resource area. Mr. Gallagher said that his concern is the height of the proposed dwelling and the setback from wetlands. There is not enough information on the plan for the Board to make a confident decision. Sharon read the Board of Health and Conservation Department comments into the record. Mr. Anastos said that he will be submitting a revised plan to the Conservation Agent. He said that he is keeping the same footprint. 5