01/08/2025 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES JANUARY 8, 2025 MASHPEE ZONING BOARD OF APPEALS The proposed project is to demolish the existing 70 yr. old, two-bedroom home with a new three-bedroom dwelling, an attached garage, and a new denite septic system. It will be moved 17.6 ft. away from the pond, and will become conforming, and will improve the 50 ft. setback from the wetlands. The new house will also be shifted to the south from 11.8 ft. on the northerly side, to 23.4 ft., and will eliminate the side yard nonconformity. The south side will be setback 16 ft. and will become conforming. The front will be 43.5 ft. to conform with the 40 ft. setback from the front. The project will comply with the front, side and rear yard setback requirements, and will eliminate two existing nonconformities. The lot coverage will increase from 9.9% to 17%which complies with current zoning requirements. The setback will improve the 50 ft. setback from the wetlands and improve to 17.6 ft. The area of where the house is currently situated will be improved with native plantings to create a natural buffer as imposed by the Conservation Department. The relief is under Section 174-17.1, and will have no new nonconformities, and the proposed project will not be substantially more detrimental to the neighborhood, and will have the required parking. The existing house was constructed before the Wetlands Protection Act, and has a nonconforming cesspool. The cesspool will be removed and replaced with a new Title 5 septic system, and the proposed garage will provide the required parking under the bylaw. Attorney Wall stated that the project was approved by the Board of Health, and the hearing is scheduled for Thursday, January 9, 2025 with the Conservation Commission. The meeting was continued from the first meeting date due to the lack of a quorum. Mr. Bonvie stated he visited the site and has concerns with the project before being heard and approved from the Conservation Commission. The Board has taken a stance that these projects respectfully be heard by the Conservation Commission prior to being heard by the Zoning Board. The reason being that there may be changes to the plans, and rather than having the applicants return several times to the Board, he has respectfully asked the applicants to make sure they have obtained Conservation approval before zoning approval. As one member, and the Chair he would ask that the application be continued. Attorney Wall would like to move forward and hear from the other members, and will certainly continue the hearing if required. He also said that under the Wetlands Protection Act, he is required to apply with all Boards. 12