04/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 26,2023 Mr. Morris reviewed the site plan and noticed that the setback for the retaining wall is not at the 5 ft. requirement for the retaining wall, and noticed that the elevations are 6 ft. 8 inches,and 4 ft. of fill. Mr. Dibb said that the top of the wall is 8.5 ft. and the existing grade is 6 ft. The elevation over the system is 10.5 ft. and the wall itself is 8.5 ft. and the intention is that the wall not be over 30 inches. Mr. Bonvie asked what the maximum height is on the opposite side of the wall. Mr. Dibbs said elevation 6 ft. up to 8.5 ft. Attorney Kirrane said that a new plan dated April 21, 2023 was submitted depicting the height of the house at 30 ft. from the average natural grade. There is no garage being proposed. The new revised site plan is dated April 24, 2023. The house plan does not show a roof deck. Chairman Furbush read an email from David Morris at 9:40 am on April 26, 2023. Mr. Furbush commented that the plans were not submitted at an appropriate time, and is not fair to the Building Department or the Board. The Board had a conversation regarding the revised plan changes, and would require the Board to acknowledge these changes during a public meeting, and they had concerns of possible violation of the open meeting law. Attorney Kirrane agreed to return to the Board if there are any changes to the plans. Ms. Sangeleer read the Board of Health comments dated April 21,2023 into the record, "Need to remove the door on "Study" to make cased opening to remain 3 bedroom and a Title S Inspection is needed. " The Conservation Department comments dated April 25, 2023; "This project was continued by the Commission to May 4`h 2023 for receipt of revised plans modifying proposed retaining walls and site grading. " There were no more comments from the Board or audience. Mr. Bonvie made a motion that the Board close the public comment in reference to 81 Bluff Ave, Owners, Ryan and Kristen Lenhart request for a Special Permit under §174-17.1; §174-17; §174- 33 of the Zoning Bylaws, and M.G.L. c.40A Section 6.Mr. Pittsley seconded,yes,Mr. Goldstein, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, and Mr. Furbush yes. All were in favor. There was no further discussion. Mr. Bonvie made a motion that the Board issue a Special Permit to Owners, Ryan and Kristen Lenhart under §174-17.1; §174-17; §174-33 of the Zoning Bylaws, and M.G.L. C. 40A Section 6 to raze a pre-existing, non-conforming single-family dwelling and replace it with a new single- family dwelling on property located in an R-3 and the Popponesset Overlay Zoning District(s), Map 118 Parcel 60, Mashpee, MA with the following conditions: 9