11/09/2022 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 9, 2022 Attorney Kirrane said that originally the former Town Engineer at the time raised an issue that was interpreted that this would have an adverse impact on the coastal bank because the coastal banks were connected, and the concern with certain voting members of Board was the impact of the coastal bank. But the Conservation Commission had no problem with the first instance with the changes being made to the coastal bank, and had in fact,issued an Order of Conditions to proceed. There was a position of the applicants that there was no substantial impact or adverse impact by the project. In fact, the coastal bank could have been modified before even going to the ZBA pursuant to the Conservation Commissions Order of Conditions. Arguably that would not have even come into the play if just applying for the Special Permit, and that the work had been done. The Attorney believes that the conservation issue and conservation concerns were the only concerns that the Board had because initially a Variance was sought for lot coverage for the front yard setback. The plan was modified to remove the need for Variance relief, and the only other non-conformity was the westerly property line that was 4.5 ft. and is increased to 11.9 ft., and improving that non-conformity condition as well. So in all other respects the project conforms. The lot is less than 10,000 sq. ft. by removing the coastal bank and below, so the allowed is 25%. Taking into consideration that the original lot coverage was over 25%, and the lot coverage is being reduced to 24.9%. The project is consistent with what the Board would typically approve. Additional measures have been taken to address any concerns over the impact of the wetland resource areas, and believes that Town Counsel is satisfied with that and was remanded back to the Board to make a determination. The Board would be making a determination of the revised plan with the new drywells. There were no more comments from the Board, and no comments from the audience. Mr. Goldstein made a motion that the Board approve 42 Spoondrift Way Joint Stipulation of Remand Hearing ordered from Superior Court Barnstable, SS, in accordance with the August 25, 2022 Civil Action No. 2272CV00191. Decision of the Board dated April 13, 2022. Owners, BEC MA Properties, LLC request a Special Permit under §174-17.1 of the Zoning Bylaws to raze an existing single story residential structure and replace the same with a new two story residential structure on property located in an R-3 Zoning District, Map I I I Parcel 127, Mashpee, MA with the following conditions: 1. The Board agrees to accept the Joint Stipulation of Remand for 42 Spoondrift Way filed on August 25, 2022, and signed on September 27, 2022. 2. The Board finds that the revised plans submitted adequately address flood storage capacity. 3. The Board finds that the revised project meets the conditions of Section 174-17.1 in that there are no new nonconformities created; there is sufficient land area for parking; and the project is not substantially more detrimental than what currently exists. 10