10/09/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 9, 2024 There are no new nonconformities being created or intensifying any existing nonconformities. There will be sufficient parking as indicated in the bylaws. This redevelopment will be consistent with the neighborhood. This project does not require any relief from the Ground Water Protection District because there is less than 2,500 sq. ft. of impervious surface. Under§174-80 of the Zoning Bylaws indicates any development which renders impervious surface less than 2,500 sq. ft. is allowed as of right. The driveway is gravel,not paved and is not considered impervious under the calculation, and does not count as lot coverage under zoning. Mr. Reidy read the Board of Health comments dated October 4, 2024 into the record; "Office in Basement meets Bedroom definition, considered 4rh bedroom. Septic is designed for 3 bedroom. Variance is required from 1000' IIA regulation, since house is in Phase 2 North. Variance can also be requested for 41h bedroom in basement with approval from Sewer Superintendent. " Mr. Reidy read the Conservation Department comments dated October 2, 2024; Resource Area: "Inland Bank, buffer zone to Land Under Waterbody, and Estimated Habitat ofRare Wildlife. NOI application was approved unanimously due to the dwelling being moved further from the resource areas, decrease is house footprint, and increase in naturally vegetated areas. Existing dwelling is part of the inland bank and concerns about bank stability, wildlife habitat loss, and tree die off from root disturbance during and after construction. NOI application supplied certified reports for each and commission placed multiple conditions to ensure resource area protection. " Conditions as follows: • Three year mitigation monitoring and maintenance contract with certified professional. • Weekly construction reports of foundation&retaining walls submitted to the Conservation Department • Stamped structural plans for retaining walls submitted to the Conservation Department. • Report any adverse impacts from water run off after a storm event. Mr. Reidy read a letter submitted from Mr. Daniels, at 26 Melissa Avenue, dated October 7, 2024 into the record, and a letter from A.M. Wilson Associates dated October 4, 2024. Mr. Furbush asked for the height of the proposed dwelling. Attorney Kirrane said that the new dwelling will be approximately 25 ft. from the existing average grade. The new dwelling is 2.5 stories. Mr. Furbush also asked for rebuttal regarding the questions from the abutter letters. Mr. Morris asked if a site plan depicted the existing average grade of the existing dwelling. The dwelling needs to be half the height of the basement. Chairman Bonvie mentioned that if the Board agrees to extend the hearing, a revised plan would be required. He said that Chapter 131 Section 40 is not included on the site plan. 2