6/19/1985 PLANNING BOARD Minutes

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PLANNING BOARD MINUTES : 6/19/85 P. 2 was voted on at the last town meeting, Mr. Dubin% Any other. . , Mike McGrath : Mr . Chairman, I 'm not a resident of Mashpee but I am a land surveyor and I would like to reiterate the -testimony I made at the public hearing in Falmouth . I think it 's unwise to establish a setback measured from an elevation. With the kind of benchmarks that are established throughout the area of the flood plain, that means they can be off as much as a 10th of a foot . A 10th of a foot on very flat ground can make a very significant difference in the location of the contour. It 's also the contour line in the very eratic and irregular in shape and any 2 surveyors surveying -the same parcel could come up with radically different locations of the ACEC versus the flood plain. I asked that the Town of Falmouth acutally take the map and establish base lines that any surveyor can reestablish precisely on the ground rather than have a setback from the contours . Unfortunately they didn 't listen to me but it 's still a terrible law when you think about it . I can stake a road from a contour and -tell the man 50 ' away . A surveyor coming in from a different con- tour can establishe the point at an entirely different location. Mr. Collins : I think we ought to get an opinion from Charley on this . Mr. Dubin: Let 's hypothetically- say we decided we liked it better the other way. I wonder if that 's too much of a change . George Benway: I would like to shed some light on that . I know Joe Reardon has looked at this and his school of thought is if you make it less restrictive than more restrictive as far as changing -the article , it 's been permitted . So if it went from the 50' or 100 ' back to the water it 's ok. I talked to another engineer, not Michael, and he was mentioning the same thing in many areas . You come -to a flat plateau and he said literally on those flat plateaus you could be off as much as 50, 60 or 75 ' and argue all month about it and no one 's right and no one 's wrong. Mr. Dubin: Well any other comments? Mr. Marsters : Just to go back one more . The important thing is Vouvre -trying to protect the wetlands . If you measure from the wet- lands , then you're protecting them. Mr. Dubin: Anything you want to say Tom? Mr. Fudala: No . Mr. Dubin: Ok. We 'll close the public hearing on that and the Planning Board will take it up later. The Board openen the public hearing on rezoning a parcel of property from residential -to commercial. Mr. Dubin read the notice as adver- tised in the newspaper (see attached) .