01/12/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 12, 2022 Mr. Furbush asked if the setbacks are improving. Mr. Kirrane said that the setback on the westerly side is improving, from 8.4 ft. 9.5 ft., and the wetlands from 8 ft. to 17 ft., and 16 ft. to 23 ft. from the marsh, and slightly improving the lot coverage. Also the setbacks are improving for the garage. Tom Bunker had submitted a revised plan. He had made a slight error on the elevation plan under his notes. The height of the building will be 34 ft., and is still under the 35 ft. under the zoning bylaw. Mr. Furbush asked if some fill will be brought onto the property. Mr. Kirrane said some fill is being brought onto the property because the building elevations increased to accommodate the first floor elevation flood plain. He also discussed the retaining walls with Dave Morris, Building Commissioner. Originally there was one wall right on the property line,but Dave recommended that the wall be moved 5 ft. in from the property line to avoid any erosion from the abutting lot. The lot abuts the New Seabury reserve area on both sides. Mr. Kirrane believes the concerns have been addressed raised by the direct abutter. Mr. Furbush wanted clarification of the foundation. Mr. Kirrane said that there will be stone veneer placed on the stone wall that is 5 ft. off the property line. Most of the foundation will be buried. Mr. Furbush asked about the North elevation if located viewing the water, and the west elevation is down below viewing the reserve area. Mr. Kirrane said that the landscape plan was aggressively designed to accommodate the requests of the Conservation Commission and to address the concerns of the abutter. Mr. Kirrane said any changes to the plans would require the project to return to Conservation. Mr. Furbush wanted Attorney Kirrane to explain the questions regarding protecting the view. Attorney Kirrane said to the best of his knowledge, there is no protection of view and is not considered a zoning bylaw. Mr. Furbush asked Attorney Kirrane to discuss the North elevation issue.Attorney Kirrane said that this issue was discussed with the Building Commissioner. Mr. Andrew Garaway, Landscape Designer addressed the Board. The house currently has a walk out basement, and the new structure will also have a walkout basement. There is a retaining wall outside the walkout basement. He explained the design of the retaining wall that wraps around the new design of the proposed dwelling.He said there is more than 50% of the average grade around the foundation is within 6 ft. of the first floor. The average grade around the home has to be within 6 ft. of the first floor. Mr. Morris read the zoning bylaw under definition of a Story (§174-3) that explains that the more than one half of one section vertically is below the average natural grade. This new structure is a story above grade. Mr. Morris explained that the building code is different, and with the fill being introduced to the property the application would be a candidate for a LOMA certificate. His opinion is that the proposed dwelling is 3 stories, not 2.5 stories. He wants an Engineer to confirm the height. He has no issues with bringing in fill, or the walls, but wants the plans revised to confirm the height. 4