05/22/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS MAY 22, 2024 The proposal consists of a raze and rebuild a new structure will be built code compliant, flood zone compliant, and there are no new non-conformities being created. There is no intensification of any existing non-conformities. The side yard will remain at 12 ft. A new VA system is being proposed and there is no increase in the number of bedrooms. There will be dry wells installed to provide for storm water management. The Conservation Commission has approved this project and there is substantial mitigation as part of this proposal. The proposed total lot area is 19.9%which is under 20%, and the proposed new dwelling is similar in size and character to the abutting properties, there will be sufficient parking, and the new dwelling will not constitute a condition that is substantially more detrimental to the neighborhood. Mr. Ganzenmuller read the Conservation Commission comments into the record: "The commission approved this project at their May 9th, 2024 public meeting subject to the following conditions: (1) submission of a signed three year mitigation planting monitoring and maintenance contract between the property owner and a qualified landscape professional and; (2) all patio areas must be comprised of pervious materials. Mr. Ganzenmuller read the Board of Health comments into the record; "Attached septic plan is for 3 bedroom, septic plans must be submitted to Heath Department for review before building permit approval. Mr. Bonvie asked for Board member comments. Mr. Furbush mentioned that the site plan depicts a shed that is being removed situated on the property line. He requested that a condition be noted that the shed will in fact be removed. Mr. Bonvie questioned the engineering design depicting an overflow pipe of the drainage system on the site plan. He asked if in fact the engineer is relying on the overflow pipe why does he have a leaching system. Mr. Furbush asked what Town Department would review this site plan. There was a discussion between the Attorney and Board questioning if the Conservation Commission reviewed and discussed the dry wells and retention of water on the site. Attorney Kirrane believes that the Board could address this issue and request another dry well. He suggested that before a building permit is issued, the engineer could submit a letter of the calculations to satisfy the departments. Mr. Bonvie agreed that the engineer could submit a letter with certain storm calculations, and is adequate for NOA standards, not DEP standards. He stated to have the engineer submit his calculations to David Morris, Building Commissioner, and Mr. Bonvie could review them as well. 5