11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 In terms of flood impact concerns of the proposed garage; the area is depressed and will fill up with water from the ocean in coastal storm events. The concrete seawall and the stone revetment that wraps around as well as the berm on the beach tends to hold water longer than the rest of the area. It takes drainage not only from this lot but from the abutting neighborhood areas.Arlene said there were interesting discussions with Concom regarding deficiencies in the flood impact wetlands regulations; there is no design criteria for land subject to flooding. So the Conservation Commission can look at whether a building is going to stand up during a flood event. They do not have the ability to impose conditions that will ensure that construction in floodplain doesn't really impact other abutters. So impacts to the neighborhoods are left to the Boards like the ZBA when a project needs review. Jonathan asked Arlene if she made the same presentation at the Concom meeting. She said; yes,but there was very little they can do. They did not receive drainage calculations. They were insured that the drainage that developed on this lot from the new structures will be handled by the dry wells, and proposed drainage structures, but there was very little input given to what would happen in the neighborhood. Jonathan said that he was surprised that Concom was not more concerned but in fact they did grant this project. Arlene said that DEP has been working on regulations for about four years now and when some political issues arise after public comment the DEP comes to a halt. There are no design criteria for work in land subject to flooding. Jonathan said that would be up to the Building Commissioner and the Building Inspector. Mr. Wall said that the presentation made to Concom was within their jurisdiction, but for other wetland resources such as bordering vegetative wetlands,river fronts,and dunes there are guidelines called performance standards. All wetlands regulations have performance standards, but land subject to coastal storm flowage has none. There's no criteria to apply with regard to effects off the property of neighborhoods,and he said that under the bylaws, the.ZBA does have this under their Special Permit criteria. The Board wanted confirmation regarding the current situations with storm drainage. Tom Bunker addressed the questions and pointed out the contour of the area on the plan showing the elevations ranging between 8 to '10 near the dune, and said the lowest location might puddle. The proposed garage will not be affected by storm water because it is outside the limit of the work. There are dry wells below the garage floor and it will have flood vents. Tom said that Lot 7A is lower than the existing ground now, and the existing driveway. The driveway will prevent water from flowing onto Lot 7A and there's a trench drain along the west side of the driveway and is piped back toward the road. No water that goes into the area of the garage could possibly go onto Lot 7A because the dry wells will prevent that from happening. 6 i