03/13/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 13,2024 Attorney Kirrane stated he met with the Board of Health, and his clients agreed to install an VA system that encompasses the entire property,meaning every structure on the lot will be connected to the new I/A system which is beneficial to this property. His clients did not necessarily have to agree to this process because they filed this proposal prior to the change in the Board of Health regulations. The Board of Health Agent provided his comments and agreed that this process will be compliant. The project received a negative determination(approval) from the Conservation Commission. As indicated by the comments submitted by the Assistant Conservation Agent it will be an improvement to the existing site conditions. There were also positive comments submitted by the Town Planner. Attorney Kirrane stated that the proposed project is consistent with the neighborhood.He provided photographs of the adjacent homes that were approved in the past by the Zoning Board. He stated that the Board can find under §174-17.1 that there are no new conformities being created, there is sufficient parking,and the proposed new structure and garage is not substantially more detrimental to the neighborhood than what currently exists. Attorney Kirrane stated the reasons he believes the Board can approve this project. He stated that the new structure will be building code compliant. There will be a new I/A septic system installed that will decrease nitrogen loading for the entire property, and the Conservation Commission has approved this project. He also stated that all the proposed work on this property is outside of the wetland resource area. Ms. Sangeleer asked the members to read any comments into the record. Mr.Reidy read the historical comments submitted by Evan Lehrer,Town Planner dated December 6,2023 into the record; "It is my opinion that the ZB,4 should not approve this request as presented because the substantial increase in the size of the structure and the number of bedrooms may reasonably pose a detriment to the surrounding neighborhood. 4s you know, the floodplain provides us with natural flood water storage. Developing our floodplains impacts our resiliency to natural hazards by removing flood storage capacity and potentially impacting safety and abutting properties and is generally inconsistent with the Town's vision that has been defined throughout our comprehensive planning efforts and hazard mitigation planning efforts. Given the potential impact to surface or groundwater quality, wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways,fisheries, and neighboring properties, I believe the request for a special permit should be denied on the basis that the Board is unlikely to be able to make the requisite findings required relative to neighborhood detriment. The Plan obviously accounts for the necessary parking facilities for the additional bedrooms on the site, however is not enough, in my opinion, to mitigate the other aspects of this proposal. 3