03/09/2022 ZONING BOARD OF APPEALS Minutes

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26. The proposal would increase the easterly side yard setback from 5.2'to 16.2' and thereby conform to the 15'minimum side yard setback. 27. The proposal would conform to the 40' front yard setback requirement. 28. The proposal conforms to the story and maximum height requirements. 29. The proposal conforms to the 15'rear yard setback requirement. 30. The new structure would be building code compliant. 31. The new structure would be flood zone compliant. 32. No new conformities are proposed and a request for a front yard setback variance was withdrawn after changes to proposed plans were made. 33. The proposal has sufficient land area for parking. 34. Public hearings were held on March 23, 2022 and April 13, 2022 at which BEC's counsel presented substantial information concerning the proposed development of the Subject Property. 35. During the April 13, 2022 hearing, comments were read from the Town Engineer citing §174-63 (c) of the Zoning By-Laws. 36. §174-63 (c) is inapplicable because the project complied in all respects with Floodplain Zone Provisions and no variation of the provisions was sought. 37. The applicant's engineer, David Martin, rebutted the floodplain concerns stating that the standards cited by Town Engineer were applicable to river systems and inland flood zones and not in this case which deals with ocean flood zones. 38. At the April 23, 2022 hearing, Board Member Ronald Bonvie read into the record a written comment that Town Engineer stated the proposal would be substantially more detrimental. 39. There is no such written comment from Town Engineer stating the project would be substantially more detrimental. 40. Town Engineer was not present at the April 13, 2022 meeting. 41. Comments from the Conservation Commission were read into the record stating that the proposal complied in all respect with local and state wetland regulations. 42. At the end of the April 13, 2022 hearing, the Board voted three(3)to approve and two (2) to deny BEC's application for a Special Permit.