02/22/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2023 Attorney Wall said that Land Subject To Coastal Storm Flowage is land that gets flooded in a storm event. He has a technical correction issue with the calculations "Lot upland area of 25,000 sq. ft. and lot coverage at 7% existing and 12% proposed. But there's 10,000 sq. ft. of coastal dune, coastal beach, salt marsh, and 11,000 sq. ft. of LSTCSF. He did not see those calculations on the plan. He gave examples of percentage calculations. Attorney Wall said that there's a small house that this 10 ft. from the property line and the setback is 15 ft. which is a non-conforming setback. Instead of being 15 ft. of sidewall facing the neighbor will be 30 ft. The Board is being asked to approve a 67% bigger foot print than what currently exists that will make the lot coverage from 7 1% to 119%. He believes this is substantially more detrimental. Attorney Wall said there another issue regarding the wetlands setback. In this particular instance, the first site plan with a dark line showing the edge of the dune which was the furthest landward wetlands resource other than LSTCSF. The wetlands go basically to the road. This project goes from non-conforming because it was outside the dune,but in the LSTCSF to another almost 1,200 sq. ft.in the wetland. The Court said that you should not consider that finding as substantially more detrimental. Attorney Wall said another issues is the"stories". One of the primary concerns that his clients have (in a common sense way). This is included in his letter. There is a side wall that is facing his clients now that is 26 ft. to about 58 ft. and will double in size, and up three levels. The stamped plan shows that the proposed structure is 30 ft. above natural average grade. However,there are places on the property that is about 40 ft. above actual grade. His clients said that this is a very extensive large house that will tower over their property. He said in the limit is 2.5 stories in the Popponesset Overlay. He read the definition of a"story" from the bylaw. He said that the average natural grade on the plan is 10.68 ft. and the top of the piling is 17.4 ft. so there's about a 7 ft. elevation from the natural grade to the top of the foundation. The definition doesn't say habitable space. He believes that this home is going up one story above flood plain and two full stories above that and is actually three stories. His clients are concerned about the towering nature, and he thinks it requires a Variance. Attorney Wall said that he concluded in his letter that the structure is too big,it's over lot coverage, and effect light and air. There are air conditioners and generators proposed outside the building. The Court determined that those are not structures, but they will make noise. The Board has discretion to put conditions on this project under a Special Permit, and or deny the project. Ms. Mary Wagen, 35 Ashumet Road and a member of the Planning Board spoke to the Board regarding the remand hearing, and a past petition that was approved by the Board. She mentioned that the ZBA refers to the Conservation Commission for comments regarding the impacts on wetland resource areas, and would like the Board to consider the abutter's concerns as well. There's a citizen's petition to repeal Section 174-17.1 because of the impacts on this bylaw. 9