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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> OCTOBER 9, 2024 <br /> Attorney Kirrane stated that there are two definitions of an inland bank. There's the State <br /> definition,and the Town's definition under(Section 174-31 fn.16). The Town's definition includes <br /> more land. The former Town Planner opined that the inland bank needs to be deducted from the <br /> wetlands resource area as referenced in the Town bylaw. <br /> Chairman Bonvie addressed the Board members and explained that inland banks cannot be <br /> included as lot coverage. Mr. Bonvie is not sure he agrees that 2,500 sq. ft. is exempt from the <br /> Ground Water Protection District. <br /> Attorney Kirrane stated that the Ground water Protection District is under the Special Permit <br /> requirement, and this application does not require a Special Permit under this bylaw. Chairman <br /> Bonvie agreed, but believes that there are certain criteria under the Special Permit bylaw that <br /> should be included with this project. <br /> Chairman Bonvie believes this bylaw would include a discussion with the Board of Health. <br /> Attorney Kirrane will reach out to the engineer and the Board of Health. <br /> The Board had a discussion regarding the Ground Water Protection bylaw referencing the "green <br /> line" depicted on the site plan and the lot coverage calculations. <br /> Attorney Kirrane is more concerned with the Board's opinion of the site plan that refers to the <br /> Mashpee definition of the inland bank which is closer to the water. The Board has followed the <br /> State's statute regarding the inland bank. <br /> Mr. Morris agreed with Attorney Kirrane that Chapter 131 Section 40 is the State's definition of <br /> inland bank criteria. <br /> Mr. Furbush wanted clarification on the Board of Health comment regarding a fourth bedroom. <br /> Attorney Kirrane stated that the Zoning Board should not be concerned with bedroom count. <br /> Mr. Goldstein and Mr. Blaisdell agreed that clarification of the fourth bedroom would be required. <br /> Attorney Kirrane stated that the applicant would require a Variance from Board of Health for the <br /> fourth bedroom. Also, this lot is included under Phase 2 of the sewer connection. <br /> Mr. Morris mentioned the Fire Department would require clarification from the applicant <br /> regarding the space as a fourth bedroom. The applicant could make that space a 6 ft. opening if <br /> eliminating the bedroom. <br /> Mr. Goldstein reviewed the building plan depicting the lower level of the proposed dwelling looks <br /> more than 50% of the allowed below grade. The whole left side is a walk-out, and the rear is a <br /> walk-out. <br /> Mr. Morris would like more clarification of the building plan. He believes there are year-round <br /> homes on that road and it is not considered a camp ground. His concerns are the road access for <br /> the Fire Department and delivery trucks. <br /> 3 <br />