08/28/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 28, 2024 7. Conditioned that the applicant seek and obtain the Building Department review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 8. 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. Ms. Sangeleer, second, yes, Mr. Blaisdell, yes, Mr. Furbush, yes, Mr. Reidy, yes, Mr. Bonvie, yes. All were in favor to issue a Special Permit. 54 Kim Path: Owners John J. and Christine S. Mizzi request a Special Permit under §174-17.1 and§174-33 of the Zoning Bylaws to raze and replace a pre-existing,nonconforming single-family structure on property located in the R-3 and Popponesset Overlay District(s), Map 117, Parcel 96, Mashpee, MA. (Continued from August 14, 2024 hearings). Sitting on this hearing are the four regular Board members and Mr. Milbury, Attorney Christopher Kirrane representing the homeowners of 54 Kim Path.Also present was Tom Bunker, with BSS Design. At the last hearing, the Board requested two matters that required clarification on the storm water management dry well calculations and the paved driveway. The driveway is on the neighboring lot. There will be no pavement on the driveway for this lot. Mr. Reidy read an abutter letter that was missed from the first meeting. Mr. Reidy read the Board of Health comments dated August 27, 2024 into the record; "Septic submitted to zoning shows upgrade of septic with I/A technology. 3 bedroom. Doors cannot be put on "Loft". Septic plan must be submitted to Health Department Permiteyes,for official review, when Building permit is pulled. " Mr. Reidy read the Conservation Department comments dated August 27, 2024 into the record,- "Resource Areas: LSCSF & buffer zone to Coastal Dune NOI application was approved unanimously due to improvements to the property through an IA septic upgrade, improved water storage capacity, and mitigation plantings with conditions of a one year mitigation and monitoring contract with a qualified professional and all lawns must be composed of a native clover mix. " Mr. Furbush asked if the driveway is acceptable to handle the septic and leaching system. Mr. Bunker said; "yes". 3