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 Mr. Morris stated that there is an obligation that this road would need to be cleared 16 ft. from 150 ft. from the furthest structure, and is the responsibility of the homeowners. He mentioned that the tree bylaw is being addressed with the Conservation Commission's order of conditions, and an exemption form can be submitted. He mentioned he had a conversation with Mr. Ciampi and the Fire Chief. Mr. Ciampi has a right to put a boulder on his property. Property access is not any concern or under the Zoning Board's purview. Mr. Borselli addressed the Board and confirmed a definition of a "structure", and under the Zoning bylaw,and Title 5 is not a structure which is under the State sanitary code and local health regulations; a septic system requires to be a distance of 10 ft.from a property line. These systems are under ground, and cannot be considered a structure. The Board had a discussion regarding the concerns of the abutter and finds that the septic system is not considered a structure because it is not counted as lot coverage under Zoning. The Board also acknowledged that during the final building inspection, a fire department inspection is performed, and will determine if there are any issues during the inspection. The Board wanted to know the specific construction to be performed on the new dwelling to provide flood zone compliancy. Mr. Borselli stated that the existing house is in a flood zone. There are requirements for construction in flood zones. The existing house pre-dates flood zone construction requirements. When this new house is constructed, it will conform to all construction under FEMA requirements. The first floor will be elevated above the flood zone, will have flood vents, and will be substantially more resilient to storm flooding than the existing house. The current house does not comply with flood zone or building code requirements. Mr. Bonvie asked if there is an increase in flood storage capacity. Mr. Borselli said; yes, with flood vents for water to flow, and to maintain the structural integrity of the new building. If there is a strong storm event, it will be significantly damaged. No mechanicals or habitable space are allowed in the basement. Mr. Goldstein confirmed that there cannot be any mechanicals or habitable space, and the State requires the basement to be 12 inches above the flood zone. 4