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MASHPEE ZONING BOARD OF APPEALS <br />MEETING MINUTES <br />DECEMBER 13, 2023 <br />Mr. Reidy read the Conservation Department comments dated December 8, 2023 into the record; <br />"42 Wheeler Road. NOI application was approved unanimously by the Commission. Approved <br />plan addresses driveway runoff concerns, mitigation plantings, septic upgrade to IA, and <br />structures are no closer to the resource areas. " <br />Mr. Reidy read the Board of Health comments were read into the record dated November 27, <br />2023; "Septic needs to upgrade to 4 bedroom septic with I/A technology. " <br />Mr. Bonvie, Chairman confirmed that there are no new conformities being created. <br />Attorney Kirrane said that the height of the proposed structure is 23.8 ft. and is well under the <br />35 ft. allowed. <br />There were no comments from the audience and no more comments from the Board. <br />Mr. Bonvie asked Mr. Reidy for a motion to close the public hearing. Mr. Reidy, moved and Mr. <br />Ganzenmuller 'second. All were in favor. <br />Mr. Reidy made a motion that the Board issue a Special Permit to Owner, Marcio DeJesus for <br />42 Wheeler Road under § 174-17.1 and § 174-33 of the Zoning Bylaws to raze an existing single <br />family dwelling and replace it with a new single family dwelling on property located in the R-5 <br />Zoning District, Map 57, Parcel 7, Mashpee, MA with the following conditions: <br />1. The Board has determined that the applicant meets all the conditions of a Special Permit <br />under Mass General Law 40A Section 9. <br />2. Site Plan — 42 Wheeler Road, Mashpee, MA. Prepared for Marcio DeJesus, Date: 7/24/23, <br />Scale: 1" = 20', Drawn by: SAP, Rev. Date: 10/19/23 and 10/10/23: HSE/Areas/Dwells. <br />Prepared by: Cauley Site Services, LLC. <br />3. Building Plans — 42 Wheeler Road, Mashpee, MA. Prepared for: DeJesus Residence, I-01: <br />New house perimeter, I-02: Layout 1 st Floor, I-03: Layout 2nd Floor, I-04: Front View, Rear <br />View, I-05: Right View, Left View. Prepared by: Pinheiro, Gutowski, and Interior Design. <br />4. Conditioned on all Town Department comments read into the record including but not <br />limited to the Conservation Department and Board of Health. <br />5. Any changes to the plans will require the applicant to return to this Board. <br />6. The Board finds that the application as submitted is not substantially more detrimental <br />than what existed prior to removal of the existing structure, and that there is adequate <br />land area to provide sufficient parking, and there are no new nonconformities being <br />created. <br />2 <br />