10/25/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 25, 2023 There were no other comments from the Board or audience. Mr. Morris had no issues. Attorney Kirrane mentioned that if the Board is comfortable with his written comments they could be listed in the conditions if approved. There were photos provided of previous new homes that were approved by the Board in the past, and there are no new non -conformities being created. Chairman Bonvie asked for a motion to close the public comments. Mr. Goldstein made a motion to close the public comments for 339 Monomoscoy Road. Mr. Furbush second. All were in favor. Chairman Bonvie asked for a motion for this application. Mr. Reidy made a motion that the Board issue a Special Permit to Owners, William P. and Roxanne M. Simmons under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace a pre- existing, non -conforming single family structure on property located in an R3 Zoning District, Map 120, Parcel 26, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Plot Plan — Existing and Proposed House Reconstruction, 339 Monomoscoy Road, Mashpee, MA. Scale: 1" = 20', Date: June 5, 2023, Drawn by: EJP, RAR, Job Number: 21215, Revisions: Add I/A Treatment System and Details, August 4, 2023, RAR, Corrected coastal bank delineation and increased mitigation, August 21, 2023, Reduced house size, increased mitigation, edited SSDS Profile, Oct. 10, 2023. Stamped and signed by Thomas Jackson Bunker, No.: 32653. 3. Building Plans — Prepared for Simmons Residence, 339 Monomoscoy Road, Mashpee, MA. Prepared by: Archi-Tech Associates. Job No.: 2022, Date: October 20, 2023, Drawn by: JM. A-2: First Floor Plan, A-3: Second Floor Plan, A-4: Elevations, A-5: Elevations. 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments, and the comments submitted by Evan Lehrer and read into the record by Chairman Bonvie relative to his review of this application. 5. The Board finds that the application as submitted is not substantially more detrimental than what existed prior to removal of the existing structure, and that there is adequate land area to provide sufficient parking, and there are no new non -conformities being created specifically: a. New construction will comply with more current building code criteria. b. New construction will comply with current flood zone regulations. c. The applicant has proposed a fast de -nitrification system which has been approved by the Board of Health; d. The project has been approved by the Conservation Commission.