01/26/2022 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 26,2022 Mr. Bonvie made a motion that the Board approve the Attorney's request for extension until February 9, 2022 on behalf of his clients at 18 Wilsons Grove for their Variance and raze and replace petitions. Mr. Goldstein seconded, yes, Mr. Bonnie, yes, Mr. Blaisdell, yes, Mr. Gould, yes, and Mr. Furbush, yes. All were in favor to accept the continuance. Mr. Senville,an abutter located at 20 Wilsons Grove asked the Board if he could attend the meeting via Zoom. Mr. Furbush said he could call in or write an email letter to the Board, and that email could be read into the record. Mr. Senville wanted to have a discussion with the Beard. OTHER BUSINESS Approve January 12,2022 Meeting Minutes. Sharon moved to approve the meeting minutes dated January 12, 2022. Mr. Gould seconded. All were in favor. ADDITIONAL TOPICS (This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed.) Chris Gallagher, Town Engineer had sent the Board an email suggesting changes to wetlands bylaws to be submitted for the Town Meeting and Warrant. He invited Attorney Kirrane to be present during this discussion. Mr. Gallagher said there is a pending case regarding an issue with the setbacks and lot coverage within a flood plain. The 50 ft. setback bylaw is currently written referring to wetlands under M.G.L. Chapter 131 Section 40 and has to be adhered to. At the last hearing, there was an application regarding the 50 ft. setback for the tap of the coastal bank for a pool which would be included in the flood plain and cannot be setback 50 ft. because the whole lot is in the flood plain. In reading the terms of what defines a wetland, a coastal wetland, etc. includes land subject to flooding, so the entire Popponesset Neighborhood is land subject to the flooding. Mr.Bonvie asked if it included lot coverage. Mr. Bonnie mentioned that the Board tried to amend the 50 ft. setback bylaw a few years ago, that if Conservation approved an application it would not require Zoning. Mr. Gallagher said that anything written on setbacks stated in M.G.L. Chapter 131, Section 40 is considered a wetland even if high and dry. Mr. Gallagher said if there's an application that is in the flood plain and has to be 50 ft. from the wetland, they cannot be 50 ft. because they're in a flood plain. Mr. Kirrane said that more critical to that comment is the issue regarding lot coverage. If someone owns a vacant lot in Popponesset, or even a buildable lot that's in the flood plain, you are entitled to zero lot coverage as written in the bylaw. Mr. Bonnie questioned if it says you cannot count flood plain. Mr. Kirrane said it states water or wetlands as defined under the wetland protection act MGL C. 131 Section 40 cannot be counted for determination as to what constitutes lot coverage. 2