01/08/2025 ZONING BOARD OF APPEALS Minutes (2)

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MEETING MINUTES JANUARY 8, 2025 MASHPEE ZONING BOARD OF APPEALS The proposed construction of the dwelling will improve by reducing the lot coverage to 11.1%, thereby improving the north side setback from 9.9 ft. to 15.9 ft., and will become conforming, eliminating the south side setback from 8.6 to 18 ft. rear yard to 25.8 ft., and the house is being moved further away from the inland bank, and will be building code compliant. There are no new nonconformities being created. There will be two parking spaces as required under the bylaw, it is not substantially more detrimental to the neighborhood, and the project was approved by the Conservation Commission. The existing dwelling is currently three (3) bedrooms, and the Board of Health approved the plan to remain at three (3) bedrooms. The Board of Health is also allowing the applicant to apply for a variance for the septic system because the area is included in the Phase 2 of the sewer project, and does not require an upgrade to an IA system. Attorney Kirrane provided a letter dated January 3, 2025 that was submitted to the Board confirming that raze and replace project at 24 Melissa Avenue was approved by the Board with no issues, and no complaints by the abutting neighbors. The height of the proposed dwelling is 29.08 inches and is well under the 35 ft. under the bylaw, and the calculations on the plans were revised according to the Building Commissioner's comments. There were concerns over the Ground Water Protection Overlay District. Attorney Kirrane spoke to the Health Agent, and the area is less than 2,500 sq. ft. of pervious surface. He disagrees with the consultant to the neighbor who believes that a gravel driveway is "impervious" which is incorrect. According to the Building Commissioner, a gravel driveway is considered pervious. The Board of Health comments dated January 6, 2025 were read into the record. The Fire Chief letter dated January 8, 2025 was read into the record; "After visiting the site at #2 Ned Besse Rd., I observed that the existing driveway serves two residences: #2 and #6 Ned Besse Rd. Since the driveway is already in place, my request is that the road maintains an overhead clearance of 13 feet 6 inches and a minimum width of 20 feet. Additionally, I ask that the driveway be maintained regularly. During my site visit, I noticed a significant amount of debris on the driveway, which could limit access. A letter from an abutter at 26 Melissa Avenue dated December 7, 2024 that was received in the Building Department dated January 8, 2025, was read into the record A letter from A.M. Wilson Associates, Inc. dated January 8, 2025 was read into the record. Mr. Goldstein referenced the A.M. Wilson letter that the plan was revised on January 3, 2025. 2