02/26/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY, 26, 2025 Attorney Kirrane provide the Board with a site plan that depicts the existing dwelling location, and the proposed structure to be situated further from the wetland resource area. The distance of the proposed structure will be setback 48.9 ft. from the wetlands and is a significant improvement. Attorney Kirrane stated that the the Conservation Commission has approved the project and conditioned mitigation enhancements to the property. There will be a new IA septic system installed that is replacing a Title 5 septic system. There are no new nonconformities being created, and is not intensifying any existing nonconformities. The site plan depicts the average natural grade, and the new structure will be within the allowed 35 ft. maximum height restriction. The proposed lot coverage is 16.2% and is well under the 20% maximum lot coverage. Mr. Reidy read the Board of Health comments into the record dated February 24, 2025; "Septic Designed for 5 bedroom. House plans show 5 bedrooms (2 on the first floor and 3 on the second floor)." Mr. Reidy read the Conservation Department comments into the record dated February 24, 2025; "NOI application was approved by the commission with a unanimous vote. The pool was moved 16' back from the original position and overall the commission felt comfortable approving the application due to the large amount of mitigation planting and dwelling/pool being moved farther from the pond. Approval conditions are as follows: • drywells maintained on a yearly schedule • three year mitigation and monitoring contract with a certified professional • Fence at the edge of mitigation area moved back 8' and planted with additional mitigation plantings." Mr. Reidy read the Building Commissioner determination dated November 21, 2024 into the record. Chairman Bonvie asked the Mr. Bertolo if the retaining wall located on the northerly side will impact any water flow from the abutting lots. The retaining wall along the northern boundary line is situated so the flow is the same contours. The surface water runoff from the northerly property will continue to run westerly. The same is with the grading on the proposed property. Mr. Bertolo tried to bring up the grade on the lot for a smoother transition along the end of the driveway to the backyard to account for the surface water runoff of the new paved driveway. There will be a berm installed along the north and western end with a catch basin. 2