02/12/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 12, 2025 Attorney Kirrane stated that the only nonconformity is the setback to wetlands. The existing setback from the wetlands was zero, and is now 4.5 ft. but is still further away from the flood zone. The project was approved by Conservation, it will be flood zone compliant, will have a new IA septic system, it has storm water management, and meets the criteria for a raze and replace. Ms. Sangeleer read the Board of Health comments dated February 12, 2025 into the record; "House is designed for 3 bedroom. 1 on the first floor and 2 on the second floor. Septic designed for 3 bedroom with I/A technology." Mr. Goldstein read the Conservation Department comments dated February 10, 2025 into the record; "Resource Areas:LSCSF& buffer zone to Coastal Bank. NOI application was approved with a 4:1 vote with the conditions of cobble apron at end of driveway, improved erosion control, three year mitigation and monitoring contract with a certified professional, biweekly construction reports, and waiver adjustment on buffer distance. Raze and replace of dwelling with other improvements to the property will create better conditions for resource areas then what currently exist. Concerns to the coastal bank will be monitored throughout the construction process to ensure no adverse impacts occur and mitigation will be monitored for three years. Resource Areas: LSCSF& buffer zone to Coastal Bank. Plan revision was Administratively Approved due to reduction in dwelling footprint being proposed." Mr. Morris mentioned that the lot area is maxed out, and if a shed is needed it would require a Variance. There were no comments from the audience. There were no more comments from the Board. Mr. Furbush made a motion to close the public hearing. Ms. Sangeleer second. All were in favor. Mr. Goldstein made a motion that the Board issue a Special Permit to Owners, Frank T. and Christina O. Varinos under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace an existing single family residential structure with a new code compliant single family residential structure on property located in an R3 Zoning District, Map 105, Parcel 272, Mashpee, MA with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 5