03/09/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION: DENIED FOR A SPECIAL PERMIT Owners, BEC MA Properties, LLC 42 Spoondrift Way(Map I I I Parcel 127) Mashpee, MA 02649 SP-2022-10 The Board read the Town Engineer comments dated April 12, 2022 into the record, and the comments dated April 13, 2022 from Drew McManus, Conservation Agent. Attorney Kirrane commented that the Conservation Commission has approved the project, and the applicant has done what is required to protect the resource areas, and the Town Engineer commented on lot coverage that is not in his prevue. He disagreed with his comments and believes it's up to the Building Commissioner and the Zoning Board to interpret. He said that the Town Engineer sited the Flood Plain Bylaw Section 174-63 which would be if this application required variations from the Flood Plain Article would require ZBA approval, however this project conforms to the Flood Plain Regulations. David Martin, DH Martin Engineering, said that Conservation did not make a request to fill in the area. The intent was to bring forward in respect to their regulations. Restoring the function of the coastal bank for the coastal storm buffer. Mr. Martin said the house is a vertical face,and that there is a coastal bank on either side of the lot,but the flat area in the middle is below the coastal flood plain. The current conditions have been the same since the 1960's. Mr. Furbush asked if this is considered a coastal bank, and if the intent is to create one continuous coastal bank. Mr. Martin said with all due respect to the Town Engineer. There's often confusion regarding the standards that are pertinent to river systems and inland flood zones,and have never applied to ocean situations.He said that FEMA allows alterations of flood zone areas. There were no more comments by the Attorney or the Board. In view of the foregoing, the Zoning Board of Appeals made a motion at the Public Hearings on Wednesday, April 13, 2022, and voted three (3) in favor and two (2)to deny the Special Permit request for Owners, BEC MA Properties, LLC under §174-17.1 of the Zoning Bylaws to raze an existing single story residential structure and replace the same with a new two story residential structure on property located in an R-3 Zoning District, at 42 Spoondrift Way, Map 111 Parcel 127, Mashpee, MA. The Board finds based on the calculations provided that there is an excessive increase of the flood plain in the lot area impacted, and the proposed dwelling to be substantially more detrimental than what currently exists. 4