04/23/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 23, 2014 MINUTES It is completely developed for a single-family dwelling and the plan is to demolish the old house and construct a new house. The current house does not meet the setback zoning requirements, and also does not meet the FEMA standards for construction a flood zone. It includes a basement below space with a heating systems and storage that is not allowed under FEMA standards in a flood zone. The new home will not have a basement, it will be constructed and designed for compliance with FEMA standards; building code standards in Flood Zone A. There is a prediction of still water flooding with no wave energy to certain elevations so the first floor will be designed for the elevated one foot above the predicted base flood elevation and there will be no below grade space in this building. The reconstruction of the house will include a lot of significant improvements than what currently exists today. The current septic system is less than 100 feet from wetland resources and the new septic system will be sighted so that all components in excess of 100 feet from wetlands. The current setbacks will double from the average 4 feet from the structure and will become 8 feet. There is currently no roof drainage system so there is potential for erosion from the roof runoff. There will be a dry well system incorporated into the new house design and most importantly from an environmental point of view, there is currently no native buffer between the structures and wetland resources, it's basically a lawn area. The new developed lot will have a significant area of native buffer between the house and the native resources. • The applicants have been in before the Board of Health and was approved for the setback relief from the components of the septic system. The Conservation Commission issued a notice of intent and granted an order of conditions approving this project on April 16, 2014. All the work associated with razing and reconstruction of this house is an overall improvement environmentally to the neighborhood. Mr. Wall returned and stated the standard to achieve approval from the Board is whether the proposed structure is not substantially more detrimental to the neighborhood than the existing structure. To make a case is to focus on the bylaw and the qualitative structure relative to the other structures in the neighborhood. The existing structure is less than 50 feet from the wetlands and therefore does not defy the Section 174-33 that the new structure will comply and become less non -conforming. The existing structure is non-compliant with the side setback requirements, as close on one side as 4 feet, and the other side 4.5 feet. The new structure will be nearly 10 feet; 9 feet on one and 8.5 feet on the other and as a result the non -conforming nature of the existing structure will improve a 100%, doubling the existing setback. Mr. Borselli mentioned the existing structure has a basement and its living space is not elevated above the flood plain; Sections 174-59 through 174-63 has several provisions regarding construction in the flood plain and the existing structure does not comply. It's obviously grand -fathered but it doesn't comply. The new structure will be elevated above the flood plain with the mechanicals above and will have no basement, so it will become • more conforming to the bylaw, less non -conforming and will comply with applicable building codes for development in flood zones. 2