11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioners, Jamie and Paul Saganey (Owner of Record: Daniel J. Saganey, Trustee of the Poppy Realty Trust) 28 Jeep Place (Map 118 Parcel 108) Mashpee, MA 02649 SP-2019-53 SPECIAL PERMIT FINDINGS: The subject property located at is approximately 21,067 sq. ft. (20,100 + sq. ft. of upland). The Board heard testimony from Attorney Brian Wall and Arlene Wilson who represented the abutting properties located at 24 Jeep Place and 16 Jeep Place. They discussed their concerns regarding possible storm water flow, and how it may impact the abutting properties. They were also questioning the lot coverage calculations. The project was approved by the Conservation Commission and was issued an Order of Conditions. There is a hardship relating to the specific conditions effecting this lot. The configuration of the coastal bank, and the addition of the seawall that is protecting this particular area. The combination of the topographical soil as it relates to the coastal dune, and the Order of Conditions that require substantial amounts of mitigation planting by the Conservation Commission and the location of the dwelling is dictated by all those factors. Those factors would fall within the criteria under the Variance as it relates to the soil, topography and alike conditions. 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 ground level. The proposed driveway will prevent water from flowing onto Lot 7A. There's a trench drain along the west side of the driveway and is piped back toward the road. So any water that goes into the area of the garage could not possibly go onto Lot 7A because the dry wells will prevent that from happening. Mr. Bunker also mentioned in his experience that the flood zone is a wetland under the State regulations, but he doesn't believe anyone subtracts areas located in a flood zone from lot area. The Board mentioned that the patio area is not considered a structure under their prevue because it is at ground level, and it is not encroaching on the wetlands. Tom Bunker said that Conservation asked him to move the patio and all structures at least 50 ft. from the dune. Conservation was primarily concerned with the dune and the beach of the wetland area toward Nantucket Sound. Tom Bunker said that the lot coverage is based upon the 20,100 sq. ft., but.he did not take into consideration the coastal bank area on the lot and removed the dune. He said the only wetland area that he subtracted from the lot coverage was the dune. He didn't know the square footage above the coastal bank. 3