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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> APRIL 26,2023 <br /> Mr. Lizardi-Rivera said that any enhanced nitrogen reducing system reduces more nitrogen than a <br /> Title 5 septic system. <br /> Mr. Bonvie believes that the ZBA has the authority to request septic system upgrades. <br /> Mr. Caggiano commented that both the applicant and Mr. Bonvie have expressed reasonable <br /> concerns relating to septic systems. <br /> Mr. Tim Luff with Archi-Tech Associates believes that the Conservation Commission could have <br /> made a determination to install a certain system. <br /> Mr. Reidy asked who determines the type of innovative system to be installed within proximity of <br /> the wetlands. Mr. Bonvie said the Board of Health. <br /> Mr. Blaisdell said in his opinion, if this Board turns down this petition and goes to court it would <br /> be overturned because this project is not more detrimental. He also said that Mr. Bonvie made a <br /> clear statement, and going forward the applicants should take into consideration the nitrogen <br /> problem in this Town, and should be included in the presentation to this Board. <br /> Attorney Kirrane understood the concerns, and stated that this project will be building code <br /> compliant, flood zone compliant, and setback compliant. <br /> Mr. Furbush believes that the Board of Health and Conservation didn't elaborate on what type of <br /> system is required.He believes that this project is not more detrimental than what currently exists. <br /> There were no more comments from the Board or audience. <br /> Mr.Bonvie made a motion that the Board close the public comment in reference to 31 Wheelhouse <br /> Lane, Owners, Jack Foster, Allyson Poole-Foster, and Lauren C. Foster request for a Special <br /> Permit under §174-17.1; §174-17; §174-33 of the Zoning Bylaws. Mr. Reidy seconded, yes, Mr. <br /> Caggiano, yes, Mr. Blaisdell, yes, Mr. Furbush, yes, and Mr. Bonvie, yes. All were in favor to <br /> close the hearing to public comment. <br /> Mr. Bonvie made a motion that the Board issue a Special Permit to Owners, Jack Foster, Allyson <br /> Poole-Foster, and Lauren C. Foster of 31 Wheelhouse Lane under §174-17.1 and §174-33 of the <br /> Zoning Bylaws, and M.G.L. 40A Section 6 to raze a pre-existing, non-conforming single-family <br /> structure and replace it with a new single-family structure on property located in an R-3 Zoning <br /> District (Little Neck Bay), Map 120 Parcel 165, Mashpee, MA with the following conditions: <br /> 1. The Board has determined that the applicant meets all the conditions of a Special Permit <br /> under Mass General Law 40A Section 9. <br /> 6 <br />