10/12/2022 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 12,2022 Mr. Dibb said it's a single application;assuming conditional approval from FEMA. FEMA cannot approve the project until they receive an as-built that shows the dwelling is at the grade per the plan. He said FEMA has not submitted any further information, but they have 30 days. Mr. Bonvie asked if there was a change in the grade to raise or lowering the grade from FEMA, would you have to return to the Zoning Board. Attorney Kirrane said; yes, it would require a modification of the Special Permit. It would be re- noticed and re-published. Mr. Morris said that the Attorney knows that he can deny the permit if FEMA does not approve the project and will require Zoning. Ms. Sangeleer read the Conservation Commission comments into the record. There were no comments from the audience. Mr.Blaisdell said;as one member he can agree to condition the project based on approval required by FEMA. Mr. Bonvie said as one member can agree to condition this project,but is sending a message to the community that he will not approve a project unless it is approved by FEMA. Mr.Bonvie made a motion that the Board issue a Special Permit to Adam J.Decter,44 Popponesset Island Road under §174-17.1 and §174-33 of the Zoning Bylaws to raze and replace an existing non-conforming single family dwelling and replace it with a new single family dwelling on property located in an R-3 Zoning District, Map 106 Parcel 23, Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan: Prepared for Adam J. Decter,Project: 44 Popponesset Island Rd., Sheet No: 1 of 1, Date: June 22, 2022, Drawn by: MD, Checked by: RLR, Prepared by: Cape & Islands Engineering, Date: 7/25/22: Revise Mitigation Calculations, Plants and Details, 811122: Add Dimension from Garage to Existing SAS, 813122: Add Zoning Compliance Table. Stamped and Signed by Mark Dibb, Civil No. 45037, and Matthew C. Costa,No.: 52282. 3. Building Plan: Prepared for: Decter Residence, 44 Popponesset Island Rd., Mashpee, MA Design Development: 08/05/2022, Prepared by: Nicholaeff Architecture & Design, Page 1: First Floor Plan, Page 2: Second Floor Plan, Page 3: Third Floor Plan, Page 4: west Elevation,Page 5: West Elevation—Behind Garage, Page 6: South Elevation, Page 7: East Elevation, Page 8: North Elevation, Page 9: Proposed Section, Page 10, Proposed Section.