03/13/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 13,2024 "Please consider in your deliberations the following pre-existing nonconformities: 1. Minimum lot area 2. Setback to Water and Wetlands 3. Lot Coverage (if applicable) 4. Side Yard Setbacks" Mr. Reidy read the Assistant Conservation Agent comments into the record; "RDA application received a Negative Determination for raze and replace of dwelling nearest roadside with installation of two IA septic systems on property lot. Raze and replace with L4 septic install is outside of flood zone but in the 150'buffer to the flood zone with one IA septic system within the flood zone, was determined project as a whole will improve current site conditions. " Mr. Reidy stated for the record subsequent to the previous comments, the application was submitted to the Conservation Commission, and Mr. Lehrer submitted revised comments as indicated; "29 Riverside Road — I understand the Conservation Commission reviewed and approved of this project. I maintain my comments submitted from previous hearings but feel that the Concom's approval puts the Board of Appeals on solid ground to make the requisite findings to grant the special permit. I maintain concern for additional density growth on this property if other cottages are to be redeveloped, however this application does not contemplate any cottage other than the one noted in the plans. " Mr. Reidy read the comments submitted by the Board of Health Agent dated February 27, 2024; "Plans show 4 bedroom house upgraded septic with IIA which is compliant with today's regulations. BOH passed new regulations, starting January 12 2024, that requires all buildings on a facility to be connected to the new construction I/A septic or placed on their own. New septic plans submitted 2-22-24 making property compliant with I/A regulations, no further comment. " Mr.Reidy read the comment submitted by David Morris,Building Commissioner dated March 13, 2024. "The building department has no issues with the approval of this project, but would like the Board to condition the proposed ADU be applied for on a separate building permit application. " Ms. Sangeleer addressed the members and stated that she visited the neighborhood and noticed that the houses within the area are modest sized compared to the neighborhood along the water. Attorney Kirrane commented that viewing the neighborhood as a whole,and believes the proposed house is similar in character with the neighborhood. Mr. Goldstein read the DPW comments dated November 29,2023 into the record;Riverside Road is a Town Road. The project includes relocation of the existing driveway. A Curb Cut permit from DPW will be required. " Mr. Goldstein read the abutter letters into the record that have no objections to the project. 4