04/26/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Ryan Lenhart and Kristen Lenhart 81 Bluff Avenue (Map 118 Parcel 60) Mashpee, MA 02649 SP-2023-26 The proposed project will eliminate all rear and side yard non-conformities. The overall lot coverage of structures will decrease, and will become flood zone and building code compliant. Under the old interpretation,the lot coverage in the Popponesset Overlay District exceeds the 25% lot structure coverage at 30.1%. The proposed lot structure coverage will be decreasing at 29.3%. There will be an innovative septic system installed. The proposal includes a paved impervious surface driveway, and there will be drywells installed. There are no new non- conformities being created. This project is consistent with other newly constructed dwellings in the neighborhood. The Conservation Commission continued this project because they wanted to review the septic design and the retaining walls around the septic system. Attorney Kirrane stated for the record the reasons he believes the Board can move forward and approve the project subject to Conservation Department approval. Mr. Bonvie asked why the Conservation Commission continued the project regarding the innovative septic system. Mr. Dibb said that Concom wanted clarification of the retaining walls around the septic system. They wanted to see the profile and verify that the retaining walls are necessary based on the grades and separation of ground water. Both the Conservation Commission and the Conservation staff felt that Mr. Dibb responded to their concerns regarding the septic system. Mr. Dibb said he removed an entire section of a landscape wall along Bluff Ave, and that Zack Seabury, Health Agent said that the walls around the septic system are designed appropriately and are required. 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. Dibb said elevation 6 ft. up to 8.5 ft. Attorney Kirrane said that a new house 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. 2