09/08/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 8, 2021 Sharon read the Conservation Commission comments into the record, and the Board of Health requirements dated September 8, 2021 into the record. Mr. Reidy asked if there was an issue with the height of the new structure. Dave said that the height shown on the proposed plan depicts 34.9 ft. which will probably be over the allowed 35 ft. The measurement should be from the average natural grade. Mr. Bonvie said in his opinion he would like to have better clarification, and or ask the Zoning Enforcement Officer to make certain that he is satisfied either prior to a building permit, or occupancy permit. Mr. Goldstein agreed that a condition could be made that the height does not exceed the 35 ft. of the average grade. Mr. Bonvie said agreed that a condition could be made establishing that the height is within the requirements of the Zoning Bylaw, and that the Zoning Enforcement Officer is satisfied. Dave agreed with the Board and would like an engineer's certificate confirming the height. He also mentioned that the lot coverage is at the limit. Attorney Kirrane pointed out the there are two overhangs in connection with this proposed development that are not an issue with the sideline setbacks. Mr. Bonvie asked if lot coverage includes the shed. He also wanted to confirm that there are no new non-conformities being created. Attorney Kirrane said; correct. Chris Gallaher said that the definition of the building height should be measured from the average grade before digging the foundation. The measurement should be the existing grade of 12.5 ft. from the 35 ft. He said this proposal shows the height measurement of 14.5 ft. from 35 ft., which is 2 ft. higher than the requirement. He said the measurement was from the highest grade and not the average. Mr. Goldstein said that most architectural plans depict the elevations, the top of the foundation and elevation, the average grade, the first floor, and the ridge height. The plan that was presented does not show this information. Mr. Blaise Scioli, homeowner said the architect confirmed the elevations with Cape & Islands. Mr. Bonvie polled the Board for comments. The Board agreed that revised plans should be submitted at a continued hearing. He said that there are two professionals that represent the Town stating that the plans submitted would not comply with Zoning. Attorney Kirrane asked for an extension to satisfy the Board's concerns relative to the building height. 4