03/14/2001 ZONING BOARD OF APPEALS Decisions

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4 Apr 03 01 11: 44a p. Mashpee Zoning Minutes—March 28, 2001 6 Board of Appeals B i few days. Building Commissioner Russell W.Wheeler issued his own"stop work"order because of the pendency of this Appeal. Attorney Roberts enumerated four issues with respect to the plans on which the Building permit was based. They are as follows: First issue—height of the proposed building. �I I Attorney Roberts said that based on the average original grade,the site plan shows elevation of the proposed construction would be at 38 or 39 feet would be in vi I olation of the 35-foot height gh restriction and would require a Variance from the By-laws. i, Attorney Kirrane said that the Petitioner is not interested in seeking a Variance from the height requirements. He stated that if the professional architecturalP lans are incorrect the plans would be modified to ensure that the proposal does not exceed the 35-foot height limit. Mr. Wheeler said that if a proposed construction appears to be close to the 35-foot height limit,he requires a surveyor to positively determine the exact height of the proposed construction before a building permit is issued. _ Second issue—stormwater management plan. Attorney Roberts referred to Section 174-21.1.A of the By-laws and stated that"for new residential construction in excess of 1,000 square feet,which this is,that there be a system of stormwater management and artificial recharge. And Section 174.21.1.0 says that the Building Inspector shall require the submission of sufficient plans and specifications to demonstrate the location and nature of stormwater facilities". Attomey Roberts says that she has"seen noplans which deal at all with the issue of stormwater runoff. There's no calculations regarding what kind of runoff this design would engender. There's no indication on this plan or anything else I've seen as to where the runoff would go,where it's going,what kind of, whether where it's going is adequate to meet the runoff that this plan would generate". Attorney Roberts suggested that such a plan should have been submitted before issuance of a building permit. Mr.Regan stated that he would be very surprised if the Conservation Commission � approved this proposal that is so close to the wetlands without an environmentally ,a sensitive plan. Messrs. Regan,Wheeler and Kirrane suggested that the Petitioner should consult with the Conservation Commission. I Attorney Roberts simply said that she was told that the plan does not exist. Third issue—ACEC Variance8ranY ted b the Board. Attorney Roberts submitted a copy of the designation of the Washburn Island,Southcape Beach and surrounding areas up to the 11-foot contour above mean sea level that shows how the limits of the ACEC are determined for Waquoit. Attorney Roberts stated that "based on the applicants'plan,the entire lot falls within the ACEC,because the entire lot is below the 11-foot contour". She stated that under Section 174-85 of the Zoning