10/08/2025 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 8, 2025 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2. Site Plan —Prepared for: Monica Miller, 19 Uncle Henry's Rd., Date: June 20, 2025, Revised: 7/23/25: Update/Add Setbacks, 8/26/25: Add Mitigation, Reduce Driveway, 9/30/25: Add Zoning Table. Prepared by: Cape & Islands Engineering, Stamped and signed by Jacob Fricke, Professional Land Surveyor No.: 59305, 7/23/25, and Mark Dibb, Engineering, No. 45937. 3. Floor Plans: Miller Residence, 19 Uncle Henry's Rd, A-1: First Floor Plan, A-2: Elevations, A- 3: Elevations, Prepared by: Archi-Tech Associates, Date: August 1, 2025. 4. Conditioned on all Town Department comments read into the record including but not limited to the Conservation Department and Board of Health. 5. Any changes to the plans will require the applicant to return to this Board. 6. Conditioned that the applicant seek and obtain the Planning Department review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior to the application of a building permit. 7. The Board finds under §174-17 and §174-33 that the proposed project as submitted is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. 8. The applicant will submit drainage calculations to the Board, and confirm accuracy with the Board Chair for final approval. 15 Childs Road: Owners, Julie Silva and Martin J. Reilly, Trustees of the Silva Reilly 2021 Realty Trust is Appealing the Building Commissioner's Determination under M.G.L. Chapter 40A §8 and§15. Applicants are aggrieved by the Building Commissioner's determination of the"Sight Obstruction" of fencing under the provisions of §174-31.1 does not apply. Said Section only applies to street intersections and corner lots. 15 Childs Road is neither located on a corner lot nor is it at a street intersection in the R3 Zoning District, Map 114, Parcel 93, Mashpee, MA. This hearing cannot move forward because there are only three Board members present, and will automatically be continued to the next hearing. Mr. Morris commented that he did not refer to Section 174-31 and thought the issue should be considered a civil matter. This hearing will be on the November 12, 2025 hearing. 12