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MASHFEE ZONING BOAR OF APPEALS <br /> MEETING MINUTES <br /> JANUAR Y 26,2022 <br /> Mr. Gallagher said in Popponesset that you can be 10 ft. above sea level but the flood plain <br /> is 13 ft., so you cannot use that land at all. <br /> Mr. Kirrane knows in the past,the Board has determined the wetlands bylaw to be setbacks <br /> from `water or wetlands", but has not considered upland as part of that calculation. <br /> Technically an argument can be made because there's reference to MGL 131 §40 and land <br /> subject to coastal storm water flowage which is basically the flood plain, and cannot be <br /> counted. <br /> Mr. Bonvie said he read the information, and did not interpret the fact that a flood plain <br /> could not be utilized as lot coverage square footage. <br /> Mr. Gallagher told the Board that he added verbiage- "except upland land subject to <br /> flooding" to the Zoning Bylaws under §174-29, §174-31 footnote 12, footnote 16, and <br /> §174-33. <br /> Mr. Furbush suggested that the Board vote on this at the next meeting on February g,2022. <br /> Mr. Gallagher said he can write up the Articles for the Town Meeting. He said he will <br /> follow up with Drew McManus as well. <br /> Mr. Kirrane said he is familiar with the case, and the Board has always interpreted the <br /> bylaw to"wet"whether its water,or marsh.He never interpreted the bylaw to include Mood <br /> plain because the maps change all the time. Mr. Kirrane said he had sent an email to Evan <br /> suggesting that the bylaw be revised, as well as the height bylaw. <br /> There was further discussion regarding raising a house out of the flood plain,and the height <br /> bylaw that was changed several years ago, and should be considered to be revised. <br /> Mr. Gallagher said he had a discussion with Evan and thought it would be a good idea to <br /> have a joint Board meeting,and include the members from the Popponesset neighborhood. <br /> Mr. Goldstein asked if the Board has the right to issue a height variance. Mr. Furbush said <br /> that it's based on the definition under M.G.L. 40A Section 10. Every lot is different. <br /> Mr. Ganzenmuller made a motion that the Board adjourn the meeting. Ms. Sangeleer <br /> seconded. All were in favor. The meeting adjourned at 6:3 0 pm. <br /> Respectfully submitted, These meeting minuteswere approved at the ZBA.� <br /> / Hearings dated Wednesday, Fehruary 9, 2022. <br /> ............� . <br /> Nr. FpN' ier'Jn„e.n•'n.,,.,.' ✓ I/1 nwR1',.,rc f.:... .,n,....,a. ly ..' mvq <br /> nnnnnnnnnunnnnnnnnnmm�rcw.wiwwuu.,w,y�yH,.�,....w,..�,..�,wuu <br /> I <br /> Mary Ann Romero <br /> Administrative Secretary <br /> Zoning Board of Appeals <br /> 3 <br />