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MEETING MINUTES <br /> MASHPEE ZONING BOARD OF APPEALS <br /> MAY 22, 2024 <br /> Mr. Ganzenmuller read the Conservation Comments into the record; "The commission approved <br /> this project at their April 41h, 2024 public meeting. The removal of the existing home from the <br /> inland bank associated with Mashpee Pond and restoration plantings in place of the altered areas <br /> of the bank were determined to provide a significant environmental benefit to the site. Proposed <br /> new home footprint to include improved storm water runoff capture and advanced IA septic system <br /> and/or potential hook up to sewer infrastructure in the next available phase of sewer (based on <br /> Board of Health requirements). <br /> Mr. Ganzenmuller read the Board of Health comments into the record; "4 Bedroom Septic is <br /> designed. House is in Phase 2 of the Sewer Plan. Need to receive variance from Local Board of <br /> Health Regulations and Title 5 regulations for proposed Conventional septic system. " <br /> Mr. Ganzenmuller read the DPW comments into the record; "I04 Lakewood Drive is a <br /> Town-owned Road. Any modifications to the existing driveway will require approval from <br /> the DPW." <br /> Mr. Furbush read the abutter letter into the record. <br /> The site plan states that the right of way is being rescinded. <br /> The abutters at 20 Melissa were present had a concern with the right-of-way. <br /> Mr. Bonvie stated that his concern and the concerns of the Board are who has the legal rights to <br /> the right-of-way. He believes that this issue is usually settled in land court. <br /> Mr. Furbush also noticed on the site plan that there's a proposed stone wall is across the right-of- <br /> way. <br /> Attorney Kirrane stated that the Zoning Board doesn't regulate right-of-ways. <br /> Chairman Bonvie stated that the Zoning Board regulates the setbacks from roadways, and if the <br /> right-of-way becomes a roadway especially a potential new structure will be situated one foot from <br /> the front setback. <br /> Chairman Bonvie polled the Board for their opinion on the right-of-way issue and all agreed that <br /> there should be confirmation from the engineer or Assessors. <br /> Attorney Kirrane believes he can get the Board the answers relatively quickly because the property <br /> has recently changed ownership. <br /> The Board had a discussion regarding the continuance request and asked Attorney Kirrane to have <br /> the definitive answers by the June 12t"hearings. <br /> 15 <br />