01/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10,2024 Mr. Reidy read Evan Lehrer's recommendation comments dated January 5, 2024 into the record; "It is my opinion that the ZBA can approve this request as presented if it is found that the proposed site improvements will not result in a detriment to the neighborhood, that there are no new nonconformities being created and that there is adequate parking. Given that the density on the site is unchanged we can't reasonably state that this project would result in an impact to surface or groundwater quality that exceeds what exists today. Wildlife habitat will be improved by the removal of existing invasive species and substantial mitigation plantings. We can't reasonably state that there would be a detriment to traffic flow or traffic safety, waterways, fisheries and fisheries given the density of the site is not proposed to increase. I believe the Board could find that the proposed replacement dwelling and barn is not substantially more detrimental to the neighborhood than existed previously and that the request for a special permit could be approved. The applicant has thoughtfully addressed the many concerns raised in recent years relative to structural expansions in the floodplain. " Mr. Reidy read the Conservation Department comments dated January 4, 2024 into the record; "This project is scheduled for review by the Conservation Commission on January 11 th, 2024. In the opinion of the Conservation Agent, the project does involve additional structure from what's existing; however, with a substantial amount of mitigation proposed to offset an increase in structure on a property that has no naturally vegetated buffer strip between the home and the coastal bank/land under ocean. Additionally, the upgrade of the septic system to an IA system, removal of invasive plants and replacement with native species and providing flood storage capacity in the crawl space under the proposed home should help to improve site conditions overall in terms of wetland values and reduction of impacts to water quality Overall, this results in a net environmental benefit over existing conditions on the lot. It is important to note that the majority of this property is previously/legally altered with little to no natural vegetation left. " Mr.Morris stated that he met with the applicant and agrees that the project will be an improvement. Mr. Jacque Morin a direct abutter spoke at the meeting and is in favor of the project. He agrees that the new dwelling will be an improvement to the neighborhood. Mr. Bonvie polled the Board for their comments regarding the fact that the project has not been heard by the Conservation Commission and is scheduled for January 11, 2024. Mr. Blaisdell has no issues after hearing Drew McManus' comments. Mr. Furbush agreed. Ms. Sangeleer can move forward as long as it is conditioned upon approval by the Conservation Commission. Mr. Reidy agreed to move forward conditioned upon approval by the Conservation Commission if there are any changes to the plan will require the applicant to return to this Board. Mr. Furbush had a question on the existing plan depicting the setback on the left that is 10.9 ft. The shed has a setback of 6 ft. and because it is over 120 sq. ft. it's considered pre-existing nonconforming. Mr. Bonvie asked for a motion to close the public comment. Mr. Reidy so moved. Mr. Furbush second. All were in favor. Mr. Bonvie asked for a motion for the application. 8