03/08/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 8, 2023 Attorney Wall suggested that Town Meeting pass these rules; "wetlands are not to be included in lot area calculations, "wetlands are to be excluded from lot coverage calculations, and structures should be setback from wetlands." This relief that this being requested is beyond what the Board can grant and is inconsistent with the bylaw. Attorney Wall discussed his interpretation of a "story" and that roof decks cannot be above the first or second story. Mr.Reidy asked Mr.Wall if he could review Judge Smith's remarks. The Zoning Board of Appeals may conclude that the lot area, lot coverage and setbacks are lawful pre-existing non-conformities all of which are present in the past. Mr. Wall agreed. Mr. Reidy said that in the Judge's opinion that changes are allowed,as long as the project does not have any new non-conformities.Mr.Reidy continued and mentioned that under Section 174-17.1 stating that "as long as there is sufficient parking, and as long as the project does not create a detriment to the neighborhood. Mr. Reidy believes that Mr. Wall did not present anything specific to what was written in Judge Smith's decision relative to what the Board was asked is to do, such as to make a finding, to confirm there is sufficient parking, and to a make a concise decision that the project is or is not detrimental to the neighborhood. Mr. Reidy read the Board of Health comments into the record; "Received March 6, 2023, "BOH Comments from ZBA meeting January 13th 2021: Septic system has passed inspection for use of existing two-bedroom septic. Floor plans were reviewed and depict two-bedrooms. A rodent control inspection is required to be performed by an agent of the BOH. Demolition checklist shall be completed prior to demo permit sign-off. System is H-10 Loading and should not have vehicles driving over septic tank." Mr. Reidy read the Conservation Department comments into the record; "Received March 6, 2023", Project was previously approved by the Conservation Commission. Any changes from the original plan of record submitted to the Conservation Commission requires notice to the Conservation Department and possible permitting." Mr. Reidy read the Building Commissioner's memo dated March 3, 2023 into the record. Mr. Reidy read a letter into the record dated March 3, 2023 from an abutter listing his reasons in support of the project. Mr. Furbush addressed the Board with his thoughts that may help with their decision making. 1. Is the new structure substantially more detrimental to the neighborhood than exists prior to the removal of the existing structure? 2. There's a two story house on piles at 39 Wilsons Grove. 3. Does the proposed parking and driveway provide adequate parking for two cars? 3