03/13/2013 ZONING BOARD OF APPEALS Decision

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MEETING ZONING BOARD OF APPEALS Jeffrey R. and Sheila Eydenberg, Trustees 16 Squaws Lane Mashpee, MA 02649 SP-2013-07 There are three "Hydrocad" reports (see attached). The first report depicts the existing drainage calculations of rain water that flows and collects onto the property and abutting properties over a 24 hour time span. The second report depicts the water runoff the roof of the proposed dwelling and the affect with the trench and leaching collection systems. The third report depicts the collection of the remaining water runoff of the lawn and stone driveway. The Board determined the request for a special permit under §174-63 "Variation of Restrictions" and §174-27.2 "Storm Water Management" and is described as follows: General Findings: The subject lot is 7,814 square feet and is in a flood zone. Specific Findings: §174-63 Variation of Restrictions: The Zoning Board of Appeals may vary the restrictions and requirements set forth in this Article in the case of new structures or where there is to be substantial improvement or other development on a lot of one-half ('1/2) acre in size or less, contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided that the following are met: A. A showing of good and sufficient cause. B. A determination that failure to grant the Special Permit would result in exceptional hardship to the applicant. C. A determination that the granting of the Special Permit will not result in increased flood heights, additional threats to public safety, extraordinary public expense or any conflict with requirements in accordance with Chapter 40A of the Massachusetts General Laws. D. The Zoning Board of Appeals has notified the applicant for the Special Permit, in writing, that the actuarial rates will increase as the first-floor elevation level increases risks to life and property. 2