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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> APRIL 10,2019 <br /> OTHER BUSINESS <br /> -Attorney Kevin Kirrane requests an informal discussion regarding a potential raze and <br /> replace project on Popponesset Island. <br /> Attorney Kevin Kirrane told the Board that the particular property is under agreement and <br /> it would be subject to his client obtaining permits, and essentially he is not interested in the <br /> significant investment he may have to make in terms of plans if there's absolutely no <br /> possibility of being able to proceed. He would like to tear the building down. There is a <br /> velocity zone that runs through the back corner of the house. His client would like to raze <br /> and replace and move the new structure forward because the velocity zone goes throughout <br /> most of the lot and the rear portion of the lot is not useable. Unlike most of the other <br /> buildings on Popponesset Island, this lot has the unfortunate happenstance of having a <br /> conforming front yard setback of 40 ft. In order to be able to raze and replace, and to stay <br /> out of the velocity zone, (if in the velocity zone it would require piers),the objective would <br /> be to try and move any potential building forward on the site within 30 ft. or 25 ft. of <br /> Popponesset Island Road. Obviously, it is a non-conformity that's being created under the <br /> bylaw and would require a Variance under the bylaw. There are reasons to grant variance <br /> relief because the existence of the velocity zone on the site, but the other issue is that this <br /> is voluntarily razed and replaced. Is the Board inclined to accept the hardship based upon <br /> the velocity zone, or would they feel that because the building is being razed that it's a self- <br /> imposed hardship. <br /> Mr. Goldstein asked if the velocity zone is just touching the deck. He asked if maybe the <br /> house could be rebuilt in the same place and the deck made a little smaller. The other <br /> suggestion he said; if the house is moved slightly out of the velocity zone, and keep the 40 <br /> ft., and built the deck in the velocity zone, it can be built not attached to the house as a free <br /> standing deck. Leave a space between the house and the deck, and install more piers that <br /> that would meet code. <br /> Mr. Tim Luff said that another question was the client asked about a small plunge pool or <br /> a hot tub. He asked how that would be viewed in the velocity zone. Is a pool allowed in the <br /> velocity zone. <br /> Mr.Mendoza said there are requirements but has not had the opportunity to review this but <br /> he heard conversations. It's a separate code and he was not sure if it is allowed under the <br /> code. Mr. Mendoza commented that if the house can remain out of the flood zone, and the <br /> deck is built in such a way that it becomes freestanding, and the gap is enough that it does <br /> not pose a safety issue, that deck can be in the flood zone built accordingly but not the <br /> house. <br /> Mr. Furbush mentioned that the address is 90 Popponesset Island Road. <br /> Mr. Gould asked how much of the deck and stairway is in the velocity zone. Mr. Goldstein <br /> said right now it is a 2 ft. by 4 ft. area. <br /> 9 <br />