10/13/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 13, 2021 Chris Gallagher, Town Engineer agreed with Dave's comment that the wall is too close the property line, and said that a footing would need to be installed under the wall but would be digging on the neighbor's property. The only focus that the Board should be concerned with his the height of the building, and the wetland setbacks. He said that the height of the building can only be 35 ft. above the average existing grade. Chris said that he determined the height of the house at 28.4 ft. and the foundation 32.2 ft., which is 3.9 out of the ground so the building height can only be 31 ft. from the top of the foundation. Mr. Bonvie said that there are some items that need to be reviewed; what plan did Conservation approve, did it include the wall or not, the height of the house. Mr. Bonvie asked the applicant if he received an order of conditions from Conservation, and if it included the retaining wall. Mr. Anastos said that his meeting with Conservation is Thursday. Mr. Bonvie said there are two concerns that the Building Commissioner discussed the issue with the retaining wall, and the setbacks from the wetlands. If the Board cannot approve a plan that depicts a wall. The Board asked the applicant what the relief amount was from the wetlands. Mr. Anastos said that he is building the house in the same footprint. Chris mentioned that the house was slightly moved away from the wetlands. The only two items the applicant has applied for is the 50 ft. setback, and the building height. But the height will be determined by the Building Department. Dave instructed the Board that the applicant needs relief from the wetlands setback. Mr. Anastos said that the setback is 12 ft. and agreed that he would require relief of 38 ft. from the 50 ft. setback. Mr. Bonvie wanted to discuss the concerns submitted by the Board of Health Agent and polled the Board for their comments. Charlie wanted to know if the applicant had to return to the ZBA after review by the Board of Health. Mr. Bonvie said that if there is a change in the plans than it may need to be heard again. George and Scott agreed that a condition could be made in the decision. Scott made a motion that the Board approve Petitioner, Joseph Anastos requests a Special Permit under § 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), with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Proposed Septic Plan: Prepared by Sweetser Engineering, Date: August 12, 2021, Scale: 1" = 20', Job: 8553-00, Client: Anastos, Signed by: Robin Wilcox No. 31341 Professional Land Surveyor. 2