12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner, Brendon P. Giblin 90 Popponesset Island Road, Map 106, Parcel 34 Mashpee, MA 02649 SP-2023-67 Mr. Furbush asked Mr. McManus to explain the processes and obligations of the Commission and how it relates to the State's obligations. Mr. Drew McManus, Conservation Department Agent addressed the Board. He stated that the in some cases the Town Bylaw vs. the State, is afforded a higher level of protection under the wetlands protection act regulations, and enforcement in certain situations such as flood zone, coastal bank,and inland bank because the State does not have any standards regarding land subject to coastal storm flow. The appeal on this particular project has no standards at the State level in regard to coastal storm flow. The local order of conditions was not filed in time because there was a misunderstanding that the 21-day appeal period starts at the close of the public hearing. He explained that the vote was taken two weeks later, and thought the 21-day appeal started after the vote of the actual decision. The Conservation Department comments dated January 23, 2024 were read into the record. Mr. Reidy read a letter dated December 26,2023 from(DEP)Department of Environmental Protection to Watsky Law (to summarize); "The proposed project will result in an improvement over the existing site conditions. A non-flood compliance house will be replaced with a new house in accordance with the Massachusetts ,State Building Code standards for Flood Resistant Construction. " Chairman Bonvie confirmed for the record that the Board members read the written remarks provided by Mark Dibb, Cape and Islands Engineering, dated January 16, 2024. The Town Planner's recommendations dated December 6, 2023 were read into the record. Mr. Reidy stated for the record that Mr. Dibb provided his response to Mr. Lehrer's comments noting that; "including the pool, the lot coverage is still below 20%., per the superseding order of conditions, the applicant has agreed to use pervious pavers for the patio area. " The Board of Health Agent comments dated January 22,2024 were into the record; "Septic is only designed for four bedrooms, plans show three bedrooms in main house second floor, and one bedroom above garage this is compliant. " Chairman Bonvie asked for further comments from the Board/audience. Mr. Dibb said that Cape & Islands provided a flood plain flow path analysis of the flood water under existing and proposed conditions. He said that there is adequate flood storage capacity on this site, and is not actually a requirement in the wetlands protection act. The only change that was required is to provide pervious pavers. Mr. Goldstein asked if the pervious pavers should be added as a condition. The Board determined that the pavers were included on the Site Plan. 3