10/27/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES October 27, 2010 appear before the ZBA with those changes. Mr. Nelson also said that the proposal is •' subject to approval by the Board of Health. Attorney Kirrane said that the Petitioner has addressed the concerns raised by Engineer Charles Rowley in his site review letter dated October 26, 2010. Revised engineering plans were submitted to the ZBA office on October 27, 2010. Revisions include reduction of the proposed width of the drive, elimination of the proposed retaining wall from the southwesterly comer of the site and installation of swales to address runoff issues. The sidewalk in front of the building will be connected to the sidewalk which will provide handicap access to the building. Since the driveway now conforms to the By-law, Attorney Kirrane said that the Petitioner will no longer require a Variance from Section 174-31 footnote 14 or Section 174-40 of the By-laws. The Petitioner is seeking a Variance from the setback requirements from Job's Fishing Road and a Variance to allow encroachment into the buffer zone in order to accommodate the drainage treatment and relocation of the overflow reserve pit. Mr. Borselli said that Mr. Rowley's concerns were addressed with the exception of item 6 conceming stormwater and septic system frames, grates and covers, which the Board could condition on approval of the proposal. Mr. Borselli went through the list of items with Mr. Rowley and the Board. Mr. Rowley said that he is satisfied with the revised plans and requested a copy of the second sheet of the revised plans for his review. Detailed landscape plans were delivered to the ZBA office on October 25, 2010, prior to the revised October 27, 2010 engineered plans. Attorney Kirrane assured the Board that the landscaping will be consistent with the revised engineering plans. Mr. Nelson said that a catch basin proposed on the southerly lot line is within the 10 -foot buffer zone, which requires a ruling by the Board as to whether or not this is permissible. He said that the relocated easement for the leaching pits is also within that buffer zone. Mr. Rowley suggested moving the leaching pits an additional 8 feet, then re -grading to stay outside the 10 -foot buffer. Mr. Nelson mentioned that the Board should grant a Variance for relocation of the easement. No comments were received from abutters. Mr. Blaisdell made a motion to grant a Special Permit under Sections 174-25.1)(1), 174- 25.E(4),'and 174-25.F(6) to allow for construction of the proposal. This is subject to the following: • Review by the Cape Cod Commission. The Petitioner must notify and submit to the ZBA any major changes made to the Cape Cod Commission Decision. • Approval by the Mashpee Board of Health. The Petitioner must notify and submit to the ZBA any changes made by. the Board of Health. 0