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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Russell J. Spencer(a/k/a Russell L. Spencer), and Anne E. Spencer 29 Riverside Road, Map 119, Parcel 81 Mashpee,MA 02649 SP-2023-66 GENERAL FINDINGS The subject property located at 29 Riverside Road has 35,900 square feet of land. For purposes of calculating minimum lot size under M.G.L. C. 131 §40, the lot is 12,100 sq. ft. with LSCSF deduction. There were two abutter letters read into the record that were in favor of the proposed project. 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, believes the proposed house is similar in character with the neighborhood. The Assistant Conservation Agent comments dated March 8, 2024 were read 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 IA 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. " The Town Planner comments dated March 13, 2024 were read into the record 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. " The Board of Health Agent comments dated February 27, 2024 were read into the record; "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 IIA septic or placed on their own. New septic plans submitted 2-22-24 making property compliant with IIA regulations, no further comment. " The Building Commissioner comments dated March 13, 2024 were read into the record. "The building department has no issues with the approval of this project, but would like the Board to condition the proposed AD be applied for on a separate building permit application. " 3