04/13/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 13, 2022 Mr. Bonvie agreed with Mr. Blaisdell,but determined that the comments submitted by the Town Engineer believes to be more detrimental. Mr. Bonvie read the comment submitted by the Town Engineer; "Filling floodplain will result in an incremental increase in flood heights." Mr. Gould commented that he believes under Conservation laws creating a coastal bank is -destroying a wetland:The Board needs to set-a precedent. Sharon read the Town Engineer comments dated April 12, 2022 into the record, and the comments from Drew McManus dated Aprif 13, 2022. 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. Mr. Goldstein believes that the lot was dug out because it looks like a significant depression. Mr. Blaisdell repeated what he said earlier, that the Board needs to determine if what is proposed is considered more detrimental than what previously existed.He believes it is not based on the Conservation Department comments. Mr. Furbush wanted to know if Conservation asked that the lot be filled in,or did they ask to fill in the lot? 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. Bonvie repeated that as one member, he relies on the Town Engineer's comments as he provided and believes this project is more detrimental. Dave agreed that the Variance withdrawal is warranted, but the project is within 50 ft. of the coastal bank under Section 174-33. He believes the Board needs to determine if the project is more detrimental. 3