11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 Chairman Furbush wanted confirmation on the amount of bedrooms. Tom Bunker explained that the existing house has four bedrooms. The new house will have three bedrooms, but the new septic system will allow for a fourth bedroom if the owner decides to install a bedroom above the garage in the future. Sharon read the Board of Health comments into the record. Jonathan read the Conservation Comments into the record. Attorney Brian Wall and Arlene Wilson,with A.M. Wilson and Associates. Together they represented the abutters of the property on Jeep Place. Mr. Wall said that the abutters are not against the project, but they have some concerns of the affect the project will have on drainage. He mentioned that his client has observed in storm events water puddling in front of the garage, and any storm surges and storm events that come up over the property and onto the road. Mr. Wall would like to discuss the requests for the variances, and the maximum lot coverage.He mentioned M.G.L. c. 131 Section 40,the Massachusetts Wetlands Protection Act may not be counted when calculating the lot size for purposes of maximum lot coverage.As mentioned in the presentation there are several wetland areas on this property including beach, dune, bank, and land subject to coastal storm flowage. He said that the garage and the land on the entire lot is subject to coastal storm flowage. He believes that the calculations appear that these areas are not supposed to be counted were in fact counted and in fact land subject to storm flowage. He asked the Board to be certain that the calculations are in accordance with the bylaw and that the project does comply with lot coverage requirements. He believes that the proposed project will increase those non- conformities,especially the new structure within the area of the setbacks. He said that the, existing dwelling complies with setbacks as far as the dune is concerned because the existing dwelling is more than 50 ft. away,but the new dwelling will be within the setback, to the dune, and that is anew non-conformity with regard to Section 174-33. He believes that the project requires two Variances for the garage and the house. Arlene Wilson, with A.M. Wilson and Associates specializes in shore front matters. She provided the Board with a copy of the BSS site plan depicting the land subject to coastal storm flowage(known as the 100 year floodplain). She estimated that upland area is 12,100 sq. ft., and based on the site coverage numbers from the applicant that would result in a lot coverage of about 33%. So she believes that those lot coverages should be reviewed. She pointed out that this particular area it is common for the coastal bank to wrap around the high and low knolls. The seawall does not negate the coastal bank function because it's not high enough. The top of the seawall is lower than the elevation of the 100 year flood. The unprotected section of the bank still provides protection for areas that are further landward in the event of higher flooding. 5