01/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 10,2024 33 Sunset Circle: Owners, Kevin and Suzanne C. Mulgrew, Trustees of the 33 Sunset Circle Realty Trust request a Written Finding under §174-17 of the Zoning Bylaws to allow for reconstruction and extension of an existing deck to a pre-existing, nonconforming structure on property located in an R-5 Zoning District, Map 64 Parcel 28, Mashpee, MA. (Continued from December 13, 2023 hearings at the request of the Board). Sitting on this hearing are the four regular Board members and Associate Member, Brad Pittsley. The Board agreed to accept the late submittal of the revised plan,and will confirm that the changes were made as they requested at the last meeting. The revised plan date is January 4, 2024. Mr.Alex Lebedev represented the homeowners for the continued hearing. Mr. Lebedev stated that the engineer recalculated the lot coverage excluding the (LSCSF) Land Subject to Coastal Storm Flowage as indicted under Chapter 131 Section 40. The second issue the Board wanted to address was that the rear setbacks that were not noted on the revised plan. The original plan dated October 13,2023 depicted the existing lot coverage at 12%. The engineer provided the revised lot coverage at 16.3%,and the proposed would be 17.6%excluding the(BV W)Bordering Vegetated Wetlands. The plan revision date is January 4, 2024. Mr. Reidy read Evan Lehrer's comments into the record dated January 5, 2024. "Unfortunately the applicant did not amend this Plan as suggested by my last comments to you. It does not appear that the revised Plan removes the portions of the site that are water or wetlands as defined by MGL Ch. 131 Sec. 40. The Plan needs to identify the total land area that is water or wetland as defined in the above cited section and utilize only that portion of the site that is upland for the purposes of calculating lot coverage. The ZBA needs to determine the total extent of any nonconforming aspect of the project. This requires a thorough presentation of the site's existing conditions in relation to the requirements of the Zoning Bylaw. We are still unable to have confidence in the accuracy of the lot coverage calculation as shown on the Plan. I will reach out to the applicant directly to address this. " The Board has not received further comments from Evan Lehrer to review the most recent plan. Mr. Reidy asked the Board if there is any other information needed that the applicant requires to be updated. Mr. Reidy read the Conservation Department comments into the record dated January 4, 2024. "This project was issued an order of conditions by the Conservation Commission with a requirement for mitigation plantings due to the encroachment closer to the wetland(Inland bank associated with Johns Pond). Project will not adversely impact any of the performance standards for inland bank or Johns Pond itself and will result in an enhanced naturally vegetated buffer strip between the developed portion of the lot and the wetland/wetland resource area. " Mr. Furbush read the Board of Health comments dated November 27, 2024. "No habitable space, no comment. " 4