07/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 26,2023 12 & 16 Popponesset Island Road: Owners, The Popponesset Island Road LLC and Jonathan Bernstein, Trustee of 16 Popponesset Island Road Realty Trust requests a Special Permit under §174-17.1 and §174-33 of the Zoning Bylaws to raze two existing dwellings, and construct one new conforming dwelling on the combined lots on property located in an R-3 Zoning District,Map 105 Parcel 265 and Map 105 Parcel 266,Mashpee,MA. (Continued from June 14,2023 hearings at the request of the Board and Attorney). Mr. Reidy read a letter into the record dated July 19, 2023 from Attorneys Ford&Ford requesting a continuance until August 23,2023 hearing regarding 12 & 16 Popponesset Island Road. Chairman Bonvie gave a report to the Board that he had a conversation with Town Counsel requesting a written narrative from the applicant. The written narrative describing the proposal was submitted and there was some interaction with the applicant and Town Counsel. The applicant is in the process of revising the plans. Mr. Bonvie said that he did not have any interaction with the applicant. Chairman Bonvie asked for public comments. Ms. Lynn Barbie, 73 Surf Drive, she is pleased that these hearings were continued. Mr. Reidy made a motion that the Board accept the continuance request from Attorneys Ford & Ford until August 23, 2023. Mr. Furbush seconded. All were in favor. 164 Ca.tains Row: Owners, Mark L. and Robin R. Galante request a Written Finding under §174-17 and §174-33 of the Zoning Bylaws to allow for an addition,alteration,extension to a pre- existing, non-conforming single family dwelling on property located in an R-3 Zoning District, Map 96 Parcel 28, Mashpee, MA. (Continued from July 12, 2023 hearings at the request of the Attorney). Attorney Christopher Kirrane represented the applicants for the Written Finding for a modest addition approximately 512 sq. ft. This project was originally in front of the Board for a different application,but the homeowners have now reduced the size of the addition and submitted a revised plan. There were two comments submitted by the Board of Health that need to be addressed. The original addition would have required a relocation of the septic system. The new addition does not require this, however the note written on the plan mentions "relocation". The plan was amended to remove that note because relocating the septic system is not necessary. The Board of Health Agent sent an email that the system requires and inspection, but does not require any permitting approval because there is no relocation being done. The original plan depicted an existing bedroom that was going to be relocated into the new addition, however with the reduction in the size of the addition that bedroom is going to remain. Unfortunately, the new plan depicts "former bedroom" but it is remaining.There is no increase in bedroom count,and will remain at 3 bedrooms.Attorney Kirrane reached out the Health Agent, and stated to remove that notation when the final plan is submitted. The site plan is correct, but the notation should be removed prior to a building permit being issued. 2