09/11/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 11, 2024 Chairman Bonvie polled the Board for comments. Mr. Blaisdell, Mr. Furbush, and Ms. Sangeleer, were satisfied. Mr. Milbury was appreciative that the applicants provided further mitigation, but asked if it was difficult to perform the study. Attorney Kirrane said that the study would not have revealed results that the team was looking for regarding the topography slope and flow of the water moving away from the property, but Mr. Bunker has done some site work on the adjacent properties that suggested the topo does slope toward this property, and that is the reason for adding additional drainage. Mr. Bunker located a survey for a previous job on Nick Trail and a house on the north side of Nick Trail that have higher elevations. Chairman Bonvie reviewed the revised drainage study, and agrees that the concerns were thoroughly addressed. Mr. Reidy asked if the study revealed more information than what was previously done. Mr. Bunker said; yes, the first study was performed on the site only. The original study was dealing with the water flowing onto the site. Mr. Reidy thought that a mathematical engineering study would be beneficial for the Board, and provide a better understanding for future projects involving similar situations. Chairman Bonvie explained that the Board needs to understand that the 25-year drainage study to capture the water on this lot, and a possibility that if there's a 26-year storm the water will leave the lot. Chairman Bonvie asked if there were other comments. Ms. Karen Jalkut, an abutter who resides at 75 Nick Trail is friends with the homeowners, and has no issues. If there are any issues they could resolve them together. Ms. Jennifer Manganiello, an abutter who resides at 56 Kim Path, is friends with the homeowners, and if there are any issues with the construction, they could resolve them together. There were no other comments from the audience or Board. Mr. Furbush made a motion to close the public hearing, Ms. Sangeleer, second. All were in favor. Mr. Reidy made a motion that the Board approve the Special Permit request for 54 Kim Path under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace a pre-existing, nonconforming single-family structure with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2