08/28/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 28, 2024 The percentage of total lot area, the current lot coverage is 32.3% which is a nonconforming condition under the old calculations. This raze and replace is considerably improving this property. As a percentage of total lot area. The lot coverage is reduced from 32.3% to 22.8%. The overall structure is decreasing from 2,103 sq. ft. to 1,482 sq. ft. The front yard setback will become conforming at 25.5 ft. The rear yard setbacks from Shore Drive and Greenwood Road are also being eliminated and will become conforming at 15.5 ft. The house will be flood zone compliant and building code compliant, an UA system is proposed, and dry wells will be installed. This project has been approved by Conservation Commission. There are no new non-conformities being created. There is no increase in bedroom count, and the new dwelling is consistent with redevelopment in the neighborhood. Attorney Kirrane suggested that this project is not creating any conditions that are substantially more detrimental to the neighborhood. Mr. Reidy read the Board of Health comments dated August 27, 2024 into the record; "2 bedroom house with a I/A septic in Zone IT Future increase in bedrooms will not be allowed without nitrogen credit land. " Mr. Reidy read the Conservation Department comments dated August 27, 2024 into the record,- "Resource Area:LSCSF. NOI application was approved unanimously due to improvements to the property through an IA septic system upgrade,flood compliant foundation, drywell installation, and pervious driveway install with conditions to connect drain pipe into abutters property into drywells, all lawn on property is comprised of a micro-clover variety, and adhere to Regulation 31: Nitrogen-Loading/Lawn Standards. " Chairman Bonvie asked for Board member comments. Mr. Milbury asked Attorney Kirrane for an explanation regarding the drain pipe on the neighbor's property. Attorney Kirrane said that the drainpipes are being connected to the drywells. Chairman Bonvie asked Mark Dibb with Cape & Islands Engineering what year event if there is a plug in the overflow pipe. Mr. Dibb said it is designed for a 25-year event. There were no more Board questions. There were no comments from the audience. Mr. Morris had no comments. Mr. Furbush made a motion to close the public hearing. Ms. Sangeleer second. All were in favor to close the public hearing. Mr. Reidy made a motion that the Board issue a Special Permit to Owners, Brian and Elizabeth L. Rutana under §174-17.1 and §174-33 located at 53 Greenwood Road with the following conditions: 5