11/09/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owners, BEC MA Properties, LLC 42 Spoondrift Way (Map 111 Parcel 127) Mashpee, MA 02649 SP-2022-51 At the April 13, 2022 hearing, the Board had received comments from the former Town Engineer who raised an issue that he interpreted the house project would have an adverse impact on the coastal bank. The Conservation Commission had no problems with the initial plan, and in fact issued an Order of Conditions to proceed. The Board had discussions regarding the Engineer's concerns and voted 3-2, denying the Special Permit application. The owner (also "Plaintiff" herein) appealed the decision of the Board. On August 25, 2022, Attorney Christopher Kirrane and counsel for the Zoning Board of Appeals filed a Joint Stipulation of Remand to avoid the time and expense of further litigation. The Plaintiff agreed to submit a revised site plan for consideration of the Zoning Board of Appeals. The revised plan depicted site improvements with two drywells to be installed. The Conservation Agent submitted his comments to Plaintiff's Attorney and Town Counsel on August 22, 2022 and was read into the record: "Thank you for providing the revised plans showing the proposed drywells. I believe these should provide sufficient flood storage capacity on the property to alleviate any concerns of flooding." A Public Hearing was held on November 9, 2022 at which time at which time the following members of the Board of Appeals were present and acted throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Scott Goldstein, and Norman J. Gould, and Associate Member, Robert Caggiano. Attorney Kevin Kirrane represented the remand hearing and presented the revised site plan. The plan was modified to remove the need for Variance relief, and the only other non -conformity was the westerly property line that was 4.5 ft., and is increased to 11.9 ft., improving that non- conformity condition. So in all other respects the project conforms. The lot is less than 10,000 sq. ft. by removing the coastal bank and below; the allowed lot coverage is 25%. Taking into consideration that the original lot coverage was over 25%, and the lot coverage is now being reduced to 24.9%. The project is consistent with what the Board would typically approve. Additional measures have been taken to address any concerns over the impact of the wetland resource areas, and Town Counsel was satisfied to remand this petition back to the Board to make a determination. The Board would be making a determination of the revised plan with the new drywells. There were no more comments from the Board, and no comments from the audience. 2