01/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10,2024 Mr. Bonvie asked for a motion to close the public hearing. Mr. Blaisdell, so moved. Mr. Ganzenmuller, second.Mr. Bonvie asked if there were any more comments from the Board. There were no more comments. Mr. Bonvie asked for a motion to approve the petition. Mr. Blaisdell, so moved, Mr. Ganzenmuller, second. Mr. Reidy made a motion that the Board approve the Written Finding for 31 Birch Way with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan—Existing and Proposed Conditions, 31 Birch Way, Mashpee,MA. Prepared for: Gary & Denise Nagle, Scale: 1" =20', Drawn by: PTM, Date 10/13/23, Sheet 2 of 2. Prepared by: Engineering Works, Inc. and RAS Associates, Stamped and signed by: Peter McEntee, Civil No.: 35109 and Stephen Cartwright,No.: 37041. Revision Date: 12/15/23: 1) Show upland and wetland areas. 2) Recalculate Lot Coverage, 3)Add Roof Drains. 3. Building Plans — 31 Birch Way, Prepared by: JB Designs, Pages 1-7, Date: 10/7/23. Revised Page 4 of 7: Proposed Second Floor Plan, Date Received: 11/28/2023. 4. Conditioned on all Town Department comments read into the record including but not limited to the Conservation Department and Board of Health. 5. Conditioned on the comments submitted by Catherine Laurent, DPW Director dated November 29, 2023. "Birch Way is a Town road. While no modifications to the existing paved driveway are proposed, currently storm water runoff from the property flows to the road. At a minimum, I request that any approval be conditioned upon installation of gutters, downspouts, and drywells on the new garage and porch to address the roof runoff. " 6. Any changes to the plans will require the applicant to return to this Board. 7. Conditioned upon a review by the petitioner's engineer that the existing plan be updated to show and confirm that the 16.7% existing lot coverage of 3,065 sq. ft., and that the proposed is 17.8%, proposed lot coverage is 3,195 sq. ft. Confirmation of those figures to be given in writing to the Building Commissioner prior to issuance of a building permit, and if there is any discrepancy on what is submitted and what is to be built, a new plan will be submitted to the Building Commissioner and the Zoning Board of Appeals. 8. The Board finds that the proposed project is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. Mr. Furbush seconded. All were in favor. 3