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T'0'1,vn:qf mi aske e Plannin Board <br />Pe...e �.. <br />16 Great Neck Road North <br />Mashpee, Massachusetts 02649 <br />This contemplates areas like on the front section. This section addresses local zoning board variances <br />only and applies only when other variance procedures such as those under the state building code do <br />not cover the variance request. Under variances to building code floodplain standards it specifically <br />addresses issuing a letter to the property owner with potential impacts, the issuance of variances to <br />construct a structure below the base flood level resulting in increased premium rates to flood insurance. <br />One thing the building code covers is local authorities have no ability or authority to allow a structure to <br />be built below the base flood level. <br />Ms. Waygan commented that a variance has to be issued by the state. <br />Mr. Lehrer stated correct, variances made by the ZBA have to meet the standards as mandated by <br />state law. You have to comply with the building code. <br />Ms. Waygan ZBA can't issue variances. If that's the intent we should put it in there. If you're saying the <br />intent is to remove the authority of the building commissioner and ZBA from issuing variances we <br />should put that in there. <br />Mr. Lehrer commented he only knows this bylaw has been thoroughly vetted by himself and Floodlain <br />Coordinator and has been approved for compliance and consistency purposes. <br />Ms. Waygan asked Mr. Lehrer what needed to be taken out. <br />Mr. Lehrer passed out the current bylaw that goes over the changes with comments. He stated this <br />removes in our current bylaw numerous code provisions that imply the ZBA has authority to vary <br />requirements. The bylaw removes all building code related provisions and deals with only zoning <br />related matters that the ZBA does govern. It includes only regulations not enforced by state <br />requirements. Items not related to administrative floodplain developments include ensuring adequate <br />drainage in subdivisions with floodplain and certain rare flood zones, minimizing flood damage, and <br />RVs are elevated and anchored in accordance. We can go above and beyond the provisions required <br />of the state we just need to have a more substantive dialogue. <br />Ms. Faulkner knows what the definition of a variance is, but what are grounds for granting a variance by <br />the Zoning Board? <br />Mr. Lehrer noted they can't vary building code requirements they have to meet state requirements first. <br />He will pose the question to the floodplain coordinator. If there is opportunity for enhancing the section <br />he will bring it back at the next meeting prior to submission. <br />Ms. Waygan read the comments on the back. <br />Mr. Richardson stated we are questioning the expert. <br />24 <br />