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 The DPW comments dated November 29, 2023 were read 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. " Ms. Sangeleer, Acting Chair asked for comments from the audience. Mr. Paul Colombo, Chairman of the Conservation Commission and Environmental Oversight Committee addressed the Board and discussed some matters of concern. He mentioned that the Commission gave a negative (approval) Determination of Applicability and that it was not a unanimous vote but did pass. During his conversation with the Commission, he discussed the Town of Mashpee General Bylaw 108. His concern is that the application request is increasing from 8 bedrooms to 10 bedrooms. According to the flow neutral bylaw,there is a right to 4 beds on a one-acre lot but requires additional 10,000 sq. ft. for each additional bedroom, you need 20,000 extra sq. ft. The BOH can give a Variance for this request, but requires a public hearing. His concerns are that a violation of Chapter 108 would sacrifice the 0% loan rate for the SRF funding for the waste water treatment plant that is being built, and will cost the Town millions of dollars. He said that the Commission voted on the mitigation offered for the septic system that is inside and outside the LSTCSF but cannot vote on the increase of bedrooms. Mr. Blaisdell asked Mr. Colombo and confirmed that the Conservation Commission approved the application. Mr. Colombo stated that the Commission voted to approve the application under their purview which is 310 CMR 10.01 and 10.02. Chapter 108 is a Town bylaw,and is not under the Conservation Commission jurisdiction. Mr. Reidy asked Mr. Colombo what involvement the Board of Health has under Chapter 108. Mr. Colombo stated that the Board of Health Agent is the only person that can issue a Variance for the septic system after a scheduled public hearing. Attorney Kirrane addressed the Board stated for the record that the Board of Health has reviewed and approved the project. He mentioned he had a conversation with the Board of Health Agent. He let the Board know that although he is not an engineer,he believes there's a different calculation that can be performed on the site that can address the bedroom count other than the square footage of the lot without the need for a Variance from the Board of Health. Ms. Sangeleer re-read the Board of Health comments. Mr. Goldstein stated that there have been other applications that the Board has approved with a ten bedroom count. In his opinion,he has no issues. Mr. Blaisdell,had no issues, and Mr. Reidy, had no issues with the project. 4