12/13/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 13, 2023 The homeowner would like to have a covered roof deck at the front door. This area is not the nonconforming side of the building. The work area that depicts the 12.3 ft. setback will remain the same. The proposed lot coverage is 17.4%, and is well under the 20% requirement. Mr. Reidy read the Conservation Department comments dated December 8, 2023 into the record: "31 Birch Way: RDA application received a negative determination voted unanimously by the commission. " Mr. Reidy read the Board of Health comments dated November 27, 2023 into the record; To remain three bedrooms". Mr. Reidy read the comments into the record 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. 4t a minimum, I request that any approval be conditioned upon installation ofgutters, downspouts, and drywells on the new garage and porch to address the roof runoff. Mr. Reidy read Evan Lehrer, Community Development Director comments into the record dated December 6, 2023: "Recommendation: The Planning Department suggests that the proposed continuance, extension or alterations proposed would not be substantially more detrimental to the neighborhood than existed previously and that the Board can grant a written finding. Please be mindful of a potential lot coverage nonconformity and ensure, if it exists, that that nonconformity is considered in your deliberation and motions. " Mr. Bonvie addressed the Board and stated for the record that the members should take these recommendations into consideration, but the Board is not bound by these recommendations. Mr. Furbush wanted an explanation of a negative determination from the Conservation Department. Mr. Bonvie stated that it means that the Conservation Department determined that a notice of intent is not required, and that the applicant has satisfied the requirements of the Conservation Department without a full filing with the Commission; it's considered a negative determination of applicability. Mr. Cannata stated for the record that Conservation requested that drywells be installed on both corners of the garage next to the driveway. No vegetation is being disturbed because the work area is closest to the street. Mr. Bonvie wanted to know the engineering details of the dry wells that will be installed, i.e., what storm year event and drainage calculation. Mr. Bonvie requested that the site plan be revised to indicate the design information. 4