Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> JANUARY 11,2023 <br /> The Board had a discussion regarding making determinations within their purview. Mr. Bonvie <br /> agrees that this particular lot is improving in many aspects. He finds that the new structure will be <br /> building code compliant,will have a new septic system,will have dry wells to capture water runoff, <br /> and will require a LOMA application. <br /> Mr. Furbush polled the other Board members for comments. Mr. Gould said in his opinion that he <br /> does not see anything wrong with the application. It is not detrimental to the neighborhood and <br /> complies with the bylaw. <br /> Mr. Reidy commented in his opinion that the proposal is less detrimental than what exists, and he <br /> would be in favor. He believes that the bylaw is subjective, as long as the Board is consistent with <br /> their interpretations. Mr. Blaisdell agreed, and mentioned that the Board is only ruling on if the <br /> project is not more detrimental than what exists, and that there is adequate parking. He has no <br /> issues. <br /> Mr. Kirrane mentioned that this particular project is well below the allowed lot coverage for this <br /> district, and there is enough parking to allow for two vehicles. <br /> Mr.Paul Colombo,Chairman of the Conservation Commission.He believes that the Zoning Board <br /> is having a difficult time understanding what defines wetlands. In his opinion he believes that the <br /> word "detrimental" is purely lot coverage because everything that goes into that lot forces the <br /> storm flow water somewhere else, and he believes that is what is detrimental. He is going to ask <br /> the Conservation Agent that all correspondence that involves the ZBA includes the votes of the <br /> Commission because approval doesn't mean a unanimous vote. <br /> Mr. Furbush asked Mr. Colombo if he was aware that this particular lot (49 Clover Lane) was <br /> 100%in the flood plain, and yet was still approved by the Commission. Mr. Colombo said that the <br /> Commission reviews a lot the same as the ZBA. <br /> Mr. Bonvie commented that as one member he reviews the particular improvements to a lot that <br /> is located in a flood plain, and determines if a house is built to flood plain standards. His options <br /> as a Board member interprets if there will be a new septic system installed, if there are <br /> improvements to setbacks, elimination of one of the non-conformities, and the new building that <br /> is built to new code regulations in a flood plain. He would agree that it is not more detrimental to <br /> the neighborhood and is for the best interest of the community. <br /> Mr. Morris said that houses are built current day standards to allow for storm flowage. What is <br /> detrimental is fill being brought in onto a lot.Homeowners can apply for a LOMA that will remove <br /> the house out of the flood plain, and will be built to current building code standards. He explained <br /> to the Board that the lowest floor elevation design is one foot higher than the flood elevation. In <br /> this case, it would be 11 ft., and the first floor will be at 12 ft. Flood vents could be installed to <br /> allow for impending water to flow through, and will not cause pressure inside the house or outside <br /> the house. It doesn't matter the size of the house. <br /> 3 <br />