03/23/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 23, 2022 The Board wanted clarification of the Engineer's determination under the zoning bylaw that the measurements taken at the four corners of the new house to be built on the existing grade as it exists today. The Attorney and Engineer agreed that is correct. The proposed house has several points to measure. Ron asked the Engineer and Dave if they both agree that the way the applicant has depicted this plan was done correctly, and is it compliant under the zoning bylaw as designed. Dave said in his opinion the methodology conforms. Chris Gallagher said it depends how it is determined. Chairman Furbush wanted an explanation of what is being done on the coastal bank, and the lot coverage.David Martin explained that the basement is in the flood plain, so the plan is to fill in the notched space restore its function and also elevate the lowest level of the house to be above the flood plain.They are creating additional land above the coastal bank. He's using the land to the top of the coastal hank as restored. Mr. Furbush asked how much is the square feet. Attorney Kirrane said that the lot is 7,609 sq. ft., and the lot coverage is 25.5%, with the additional coastal bank the lot area is 9,432 sq. ft. which will be a 31.6%lot coverage. The increase will be 1,800 sq. ft. David Martin said that the Conservation Commission approved it because it is a damaged nonfunctioning resource area. The restoration efforts will make it fully functional. Scott Goldstein said that the existing site plan shows 15.6%, but the proposed site plan shows existing 25.5%. David Martin said that the 15.6% is for the entire lot area, but then discovered it should be shown at the top of the coastal bank which is 25.5%. The proposed shows 31.6%which is inclusive of the land being filled in. Chris Gallagher questioned the 7,609 sq. ft. non-flood plain to the 9,432 sq. ft. He looked at the top of the coastal bank to the house measuring 500 sq. ft. Where does the other 1,300 sq. ft. come from? Ron wanted to see where the fill will be located. He is concerned with accepting, or giving more relief in reference to lot coverage. He explained that at Town Meeting there was a clear message sent to all members regarding lot coverage. In his opinion, he could not approve an increase in lot coverage. Mr. Furbush asked why he has to go closer to the street, and the existing square footage of the house, and what is proposed. Attorney Kirrane said to move the house away from the resource area. The current house is too close to the abutter on the left side. The existing square footage of the house is 1,487 sq. ft., and the proposed is 1,983 sq. ft. 3