07/24/2024 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS WEDNESDAY,JULY 24, 2024 112 Captains Row: Owner, Robert Valetta requests a Written Finding under§174-17 and §174- 33 of the Zoning Bylaws to remove an existing pool/spa and replace it with a new slightly larger pool/spa on the same existing patio on property located in an R-3 Zoning District, Map 96, Parcel 17, Mashpee, MA. Sitting on this hearing are the four regular Board members and Associate Member, Mr. Caggiano. Mr. Kieran Healy, with BSC Group representing the applicant's request for a Written Finding to replace an existing pool/spa with a new spa. The application was approved by the Conservation Commission. He provided photos of the area, and a site plan. The new spa/pool will be 9 ft.x 19 ft.to the exterior walls. The lot size with the new wetlands regulations is currently 18,686 sq. ft. to 6,819 sq. ft. will be 11,867 sq. ft. of wetlands. The lot coverage will increase from 38.8% and to 40.1%. Mr. Reidy read the Conservation Department comments dated July 17, 2024 into the record: "Resource Areas: Riverfront buffer zone to the Mashpee River, and buffer zone to Coastal Bank. RDA permit application for installation of a swim spa in place of existing impervious patio received a negative determination with a unanimous vote. Existing area is hardscape patio with no expansion of hardscape footprint and native plantings on the coastal bank. " There were no comments from the Board of Health. The Board had concerns with the increase in lot coverage, and has communicated that to applicants over the past 15 years. The Board asked for the lot coverage using the old calculations. Mr. Healy said the lot coverage would be 14% and increase to 14.5%. Mr. Goldstein asked the applicant if the size of the deck could be reduced. Mr. Healy said that it would be difficult to reduce the deck size. Chairman Bonvie requested that the old computation be included on the site plan. He suggested that the applicant request an extension, and provide the Board with a revised plan depicting the old calculation on the plan. Mr. Furbush wanted to know how the water would be drained.Mr. Goldstein mentioned a notation on the plan that if needed the water will be collected by a truck. Chairman Bonvie addressed the Board, and all agreed that the plan should be revised with both the old lot coverage calculation method, the new calculation method, and the hearing to be continued. Mr. Healy asked for an extension until Wednesday,August 14,2024. Mr. Furbush made a motion that the Board accept the continuance request until August 14, 2024. Ms. Sangeleer second. All were in favor. 5