07/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 26, 2023 Mr. Reidy read the Board of Health comments dated July 25, 2023; "Permit is need for Septic Tank and Distribution Box replacement. Leaching is approved for three bedrooms per 2005 septic repair permit and new plans show only 2 bedrooms. " Attorney Kirrane had a discussion with Zack Seabury, Board of Health Agent after that statement. Attorney Kirrane continued his presentation. The structure itself is not conforming in three areas. The lot is totally in the flood zone, and is non-conforming as to lot coverage at 100%, and non- conforming setbacks to wetlands at zero, and the northern boundary sideline setback is non- conforming at 12.9 ft. The addition itself will become completely conforming to current zoning. The highlighted plan of the addition will meet the side yard setback and the front yard setback. There are no new non-conformities being created. There are no intensities of existing non- conformities other than lot coverage. The structure coverage is 14.9% and will become 18.1% under the 20%requirement considering the lot is zero. The actual size of the lot is 15,520 sq. ft. Mr. Goldstein had concerns with the Board of Health comments, and wanted clarification of the 4 ft. cased opening of the existing living room. The Board had a discussion and would agree to a condition based on a revised comment from the Board of Health Agent. Chairman Bonvie would like a condition that a new set of plans be submitted prior to the issuance of a building permit, or application of a building permit signed off by the Chair, and that plan will clearly depict the bedroom stricken of the notation"former bedroom"and will remain a bedroom. Mr. Reidy asked what the initial condition that was being proposed. Attorney Kirrane said that side of the house is existing. There are no additional bedrooms being added. Ms. Sangeleer read the Conservation Comments dated July 24,2023 into the record, "This project has been issued an order of conditions from the Conservation Commission. " Ms. Sangeleer read the Board of Health Agent comments dated July 26,2023; "Yes, the septic is for 3 bedrooms, I would have that corrected on the final plans if it's going to remain a bedroom and not a former bedroom. This way in the future if they do renovations there isn't any confusion on what bedrooms are there. " Ms. Gayle Sinkiewicz, a direct abutter wanted to know if the project included adding additional mechanical units. She also asked what type of room was being built for the new addition. Chairman Bonvie doesn't believe that there is a zoning bylaw associated with mechanicals being a certain distance from a lot line. Mr. Goldstein said that if there are no windows it cannot be a bedroom. 3