11/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 10, 2021 Mr. Goldstein asked how many bedrooms are being proposed.Raul said it is a five bedroom house. Mr. Furbush asked what structure is being removed to lower the lot coverage. Mr. Childs said the deck. The shed is staying is already included in the lot coverage. Dave asked if the bulkhead will be removed. Mr. Childs said that the bulkhead is being replaced with an emergency escape well. The deck does not have a roof Dave requested an engineer provide his stamp on the foundation as-built to confirm the integrity of the foundation. Sharon read the Board of Health comments dated November 9, 2021, and Conservation comments into the record. Mr. Furbush asked Raul to explain the comments from the Board of Health regarding nitrogen aggregation plan. Raul explained that the project is located in a Zone 2 under the local Title 5 Septic requirements meaning one bedroom for every 10,000 sq. ft. of land area. The subject property does not have 50,000 sq. ft. of land, so to compensate for what is lacking in square footage on this property, the applicant will have to obtain that same amount of square feet of land offsite, and that land has to also be within the Zone 2. The lot is 8,000 sq. ft., so he secured 42,000 sq. ft. offsite in order to have a 5 bedroom dwelling. Which means that another piece of land or easement he obtained cannot be developed. He does not have to buy the easement or land,it can be secured in different ways,but the parcel cannot be developed. Chris Gallagher, Town Engineer mentioned that a lot of dimensions were missing on the plan, and thought that the height might exceed the 35 ft., but the average elevation is 21.5 ft. The allowed height above the foundation would be 33.5 ft. He recommended that the plan not be approved until the Building Commissioner approves the actual plan depicting the actual height of the building. The top of the roof cannot be 33.5 ft. above the existing foundation. There were no more comments from the Board of audience. Mr. Goldstein made a motion that the Board approve 14 Pine Avenue 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. Site and Septic Design Plan: Prepared for: Christopher M. Desantis, 14 Pine Ave., Mashpee, MA. Prepared by: Cape & Islands Engineering. Sheet No.: 1 of 1, Date: September 21, 2021, Rev Date: 10/26/21: Removed Basement Access Stairs, Drawn by: MPR/RLR, Checked by: MC, Stamped by: Matthew C. Costa No.: 52282, and Raul Lizardi-Rivera, Civil Engineer. No. 46845. 3. Conditioned on all Town Department comments read into the record. 2