12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING Owners, Kevin Mulgrew and Suzanne C. Mulgrew Trustees of the 33 Sunset Circle Realty Trust 33 Sunset Circle, Map 64, Parcel 28 Mashpee, MA 02649 FINDING-2023-65 Mr. Bonvie stated that the deck is increasing the nonconformity setback to wetlands and he is concerned that the lot coverage may not be calculated correctly. The calculation for (LSTCSF) Land Subject to Coastal Storm Flowage is not noted on the plan, and the Board does not know if the percent lot coverage is included in that calculation. Mr. Bonvie stated that the setback backs are improvements made from the (BVW) Bordering Vegetative Wetlands including any and all land under Conservation jurisdiction. The Board needs to see these dimensions noted on the revised plan at the resource area. The Board members continued the hearing until January 10, 2024 requesting a revised site plan, and then further continued the hearing until January 24, 2024 to obtain supplemental information from the Town Planner. On January 24, 2024, the continued hearing was opened at which time the following members of the Board of Appeals were present and acting throughout; Chairman Ronald Bonvie, Board Members, Sharon Sangeleer, William A. Blaisdell, Jonathan Furbush, and Scott Goldstein. Mr. Lebedev submitted a revised site plan that included the minor revisions regarding the lot coverage of the existing conditions, and the proposed conditions of the (BVW) Bordering Vegetated Wetlands calculations for the setback to wetlands. GENERAL FINDINGS The Conservation Department comments dated January 23, 2024 were read into the record; "This project was issued an order of conditions by the conservation commission. They approved this project as they felt it met the performance standards for the applicable wetlands/wetland resource areas on site, including inland bank (resource area) and bordering vegetated wetland(wetland). The mitigation proposed(compensatory plantings) will provide an enhanced naturally vegetated buffer area to the pond." The Board of Health comments dated January 22, 2024 were read into the record; "No habitable space, no comments", and the Conservation Department comments dated January 23, 2024; "This project was issued an order of conditions by the Conservation Commission. They approved this project as they felt it met the performance standards for the applicable wetlands/wetland resource areas on site, including inland bank (resource area) and bordering vegetated wetland(wetland). The mitigation proposed(compensatory plantings) will provide an enhanced naturally vegetated buffer area to the pond." 2