05/22/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS MAY 22, 2024 Mr. Ganzenmuller made a motion that the Board issue a Special Permit to Owners, Robert P. McDonald, Jr. and Tracy A. McDonald under §174-17.1 and §174-33 of the Zoning Bylaws to raze a pre-existing, nonconforming three bedroom single-family dwelling, and replace it with a new three bedroom single-family dwelling on property located in an R-3 Zoning District, Map 111, Parcel 101, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan —Prepared for: Robert P. and Tracy A. McDonald, Project: 14 Capstan Circle, Mashpee, MA. Prepared by: Cape & Islands Engineering, Sheet No.: 1 of 1, Date: December 4, 2023, revised: 4/29/24, Revise Mitigation Location, MOD, Roof, Drywell, Change patio to previous patio. Stamped and signed by: Matthew C. Costa. 3. Building Plans — Prepared for: McDonald Residence, 14 Capstan Circle, Prepared by: Archi-Tech Associates. A-2: First Floor Plan,A-3: Second Floor Plan,A-4: Elevations,A- 5: Elevations, 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments. 5. Any changes to the plans will require the applicant to return to this Board. 6. Conditioned that the applicant seek and obtain the Town Planner's review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 7. The Board finds under §174-17.1 and §174-33 that the proposed project is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood,that there is sufficient parking, and there are no new non-conformities being created. 8. Conditioned that the shed on the property will be removed. 9. Conditioned that the applicant submit prior to issuance of a building permit, the design calculations for the NDS Pro-Flow Well, and onsite drainage calculations to include the method he used whether DEP or NOA standards, and what event storm; i.e. 20-year, 50- year, or 100-year, and will include all the calculations, and he will certify that event hereto. The Board in conjunction with the Building Commissioner will review these standards, and if these standards do not meet the minimum standards of this Board's criteria, they may have to upgraded. 10. The spa water to be removed environmentally. 7