12/11/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, Biria D. St. John and Elaina C. St. John, Trustees of the Biria D. St. John Trust under Declaration of Trust 17 Monomoscoy Road West, Map 114, Parcel 20 Mashpee,MA 02649 SP-2024-63 A letter dated December 2, 2024 from the direct abutter Michael Ciampi, who resides at 9 Pine Ridge Road, and was read into the record. Mr. Ciampi raised concerns regarding the septic system,and private property rights.Mr. Ciampi latter submitted a letter dated December 30,2024 with further concerns regarding access, and his property being traversed, and the tree bylaw. The Board read a detailed letter submitted by Attorney Kirrane dated December 6, 2024 responding to Mr. Ciampi' s, concerns of matters that are not related to the Zoning Board's purview. The only construction being performed is located at 17 Monomoscoy Road West, and the only work being performed at 20 Monomoscoy Road is the installation of the septic system which is not considered a structure under Zoning. The Board determined that the internet research mentioned in the letter submitted by the abutter is not a reliable source. The Board of Health comments dated December 6, 2024 were read into the record; "House is 5 bedroom. 1 on the firstfloor, 3 on the second floor and I above the Garage area. Septic is designed for 5 bedroom with Nitrogen removal technology. Health Department does not enforce the under road utilities. Nothing is to be built above the leaching field. " The Conservation Department comments dated December 2, 2024 were read into the record; "Resource Areas: LSCSF, Buffer zone to Salt Marsh, Area of Ecological Critical Concern (ACEC), &Buffer zone to Bordering Vegetated Wetland(BVW) -Notice of Intent application for raze and replace of dwelling with attached garage, IA septic, drywells, mitigation plantings, and restoration plantings. Remand of NOI was approved unanimously due to a waiver of regulations request for LSCSF performance standards. Concerns over vertical walls in LSCSF was satisfied with waiver request and the amount of native plantings going in place as well enhanced protection to native vegetation during construction. " The Building Commissioner's comments dated December 9, 2024 were read into the record "In response to Atty. Kirrane letter dated December 6, I believe there are two zoning issues the Board needs to consider for the above project. First, I am in agreement with Acting Chief Peltier's concern about 174-32 for Fire Department apparatus. Second, the lot where the proposed septic is to be placed has 40'frontage and 3,879 square feet which means this lot cannot be developed. Bylaw 174-25H(7) states such a lot requires a Special Permit from the Board in order to build a private one or two car garage, greenhouse or a dock with no sanitary facilities. This could be argued to prevent the proposed septic being built. I am concerned about both these issues and urge the Board to consider whether either or both are detrimental to the neighborhood. " 3