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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Owners, Richard J. Bellew, Jr., and <br /> Aimee M. MacDonald-Bellew <br /> 39 Kim Path (Map 117 Parcel 91) <br /> Mashpee, MA 02649 <br /> SP-2022-32 <br /> Attorney Kirrane mentioned that there is an issue regarding the property being in a flood zone. <br /> The comments submitted by the Building Commissioner mentioned that the property is <br /> completely in the flood hazard area, and that proposed basement should not be allowed in the <br /> new construction. The Attorney filed for a Letter of Map Amendment(LOMA)that FEMA will <br /> remap the locus and remove the proposed structure from the flood zone. The Building <br /> Department will not issue the building permit for the basement without this letter. The Attorney <br /> is asking if the Board approves the project,to condition upon receiving the LOMA from FEMA. <br /> If the letter is not received, the applicant will return to the Board for a modification of the plans <br /> without the basement. <br /> Mr. Morris, Building Commissioner does not have a problem with the Attorney's request. <br /> However when the building permit application is applied for with the basement he has 30 days <br /> to either approve or deny it, and if he does not have the letter from FEMA he has to deny the <br /> permit application. <br /> Attorney Kirrane mentioned that he would not apply for the building permit until he has the letter <br /> from FEMA. He believes that the letter will be provided fairly quickly. <br /> Ms. Sangeleer read the Building Commissioner's comments, the Board of Health comments; <br /> "The raze and replacement of the dwelling will also require an asbestos and rodent inspection <br /> prior to approval of the demoibuilding permit. Permit for the location change of the septic tank <br /> has been pulled." Also read into the record were the Conservation Commission comments that <br /> the project was approved. <br /> SPECIAL PERMIT CRITERIA <br /> The subject property located at 39 Kim Path is approximately 8,401 square feet. <br /> There were no abutters present. <br /> ARTICLE V -Nonconforming Buildings and Uses <br /> §174-17.1 Raze and Replace History:Added 10-15-2018 ATM,Article 16,approved by Attorney <br /> General 1-9-2019. <br /> 2 <br />