10/12/2022 ZONING BOARD OF APPEALS Minutes (2)

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MAST PEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 12, 2022 The Board had a conversation regarding the access casement. Mr. Morris said that there should be an.engineer to review this issue. Ms. Sangeleer read Fire Chief Phelan's comments dated 10/12/2022 into the record as follows; The Town Bylaw §174-32 Fire protection. states, "Where there is a lot with only a one-family dwelling and/or a residential accessory building, such access, where it lies within the lot, may be by a maintained all-weather surface driveway, constructed by any combination and manipulation of soils, with or without admixtures, which produce a firm mass capable of supporting fire apparatus in all weather conditions and having an improved surface width of twelve (12') feet and a cleared width of sixteen (16') feet. Additionally, see the attached photos which show the current access, including low hanging power lines between the two adjacent properties. The Fire Department does not support the requested variance, as this property cannot meet the requirements set forth in the Mashpee Town Bylaw. If the ZBA chooses to grant the variance the Fire Department requests the following stipulations. 1. The ten (10') foot casement be cleared and maintained to the sixteen (16') foot height. 2. The driveway surface be improved to an all-weather surface driveway capable of supporting fire apparatus in all weather conditions. 3. The power line moved to allow for the sixteen (16') foot clearance. 4. Two propane tanks on the property, beside the home, need to be properly disposed of. Mr. Blaisdell. asked Attorney Mills to read his response to the Fire Chief Phelan.into the record; Attorney Mills read his response letter into the record; "Please accept this e-mail as a response to comments from the Chief of the Fire Department. First, my client is not applying for a variance as the house and lot the house sits on are pre-existing non-conforming. My client has a 10' wide easement to pass and repass on foot or by vehicle over the easement as referenced on the site plan and recorded plans. We intend to remove the two propane tanks on the property and dispose of as part of demolition. The driveway surface will be improved with hard pack and crushed stone as part of the project. That is also necessary to get trucks in to pour foundation, deliver lumber etc. All wires/utilities will be put underground as part of the new construction so wires referenced in the Chief s comment s will be gone. My client does not have any authority to clear the abutting property owners land outside the 10' easement area although it is presently wide open outside the 10' area. I am respectfully asking the Board to find that the proposed demolition and reconstruction of a two- bedroom single family home with accessory dwelling unit is not substantially more detrin-iental than what currently exists. See also my comments and brief description of project attached to my application for a Special Permit." Mr.Bonvie asked Attorney Mills if he can meet the"14"requirements as read aloud into the record. Attorney Mills said that he can comply with those requests. 18