08/25/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Jeanne Scioli 5 Clamshell Lane (Map 119 Parcel 66) Mashpee, MA 02649 SP-2021-50 The new structure will be improving the setbacks at 15.2 ft., from the westerly sideline, and 52 ft. from the wetland resource area, but increasing and improving the easterly sideline to 11.4 ft. Under Section 174-17.1 the Board will find that the reconstruction will not be more detrimental than the existing conditions, there is sufficient land to accommodate parking requirements, and no Variance relief is needed to accomplish the reconstruction. The Conservation Commission issued an Order of Conditions, and a new Title 5 Septic System is proposed. The new construction will be moved 11 ft. landward to meet current FEMA and building code criteria. The Board reviewed the plans and had a discussion regarding the height and measurements of the proposed new dwelling. Chris Gallaher, Town Engineer said that the definition of the building height should be measured from the average natural 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. The measurement was from the highest grade and not the average. The Building Commissioner agreed that the plans did not depict the correct height and suggested that a new plan, and an engineered stamped letter be submitted confirming the measurements and height of the dwelling. The Board agreed and continued the hearing. Attorney Kevin Kirrane represented the application that was continued from the previous hearings dated August 25, 2021. The Board requested a revised plan that would satisfy both the Town Engineer and Zoning Enforcement Officer who had concerns regarding the elevation and height measurements of the proposed new dwelling that was not depicted on the plans that were submitted with the original proposal. They discovered that the building height measurements were not measured according to the average natural grade of land. A certified letter stamped by the engineer, and a revised plan was presented confirming the measurements for the Board's review. The revised plan and certified letter depicted the height as 34.82 ft. which is well within the 35 ft. requirement. GENERAL CRITERIA: The subject property located at 5 Clamshell Lane is approximately 13,500 square feet (upland). There were no abutters present. 2