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16 Great Neck RoadNorth <br />-Mashpee, -Massachusetts 02649 <br />The consensus is people are okay with respective setbacks. If you can get the house out of the <br />floodplain then there should be some encouragement to get out of the floodplain. There are <br />required special findings from ZBA, there needs to be a layer of findings created. <br />Mr. Lehrer stated there are findings and he sees them articulated by ZBA, and special permits <br />do apply to Raze & Replace. The process should be covered in findings and written in the <br />decision. <br />Ms. Waygan inquired about variances. There are people who ask for variances and a special <br />permit granting authority will grant it. <br />Mr. Lehrer stated the use of variances is home rule, so the bylaw must articulate that. If you <br />had a unique property shape or soil quality, you would prove the hardship. Variances are rarely <br />granted but you simply cannot say "no variances granted". <br />Mr. McCarthy gave an example of someone moving their house closer to the street with good <br />intentions, you didn't move away from the wetland you moved to build a larger home. <br />Mr. Lehrer noted with the new building codes and FEMA, homes in the floodplain predate <br />current standards. Basements with mechanicals are non -compliant. Simple additions may <br />trigger substantial improvements. <br />Ms. Waygan commented that floodplains are a very important resource in protecting this <br />community. People have built in the floodplain, they have expanded. Floodplains clean our <br />water and protect us from storms. If we talk about building resiliency, how do you do that? In <br />Miami they are raising the roads and bridges and taking mechanicals to a second level. They <br />are expecting water to come in and retreat. We are a peninsula of sand. If this was all <br />happening today and somebody wanted to build in this area people would say no because that <br />resource is too important. Our environmental leaders don't want to see any increase of any <br />structures in that floodplain. <br />Ms. Waygan asked about the thermostat of this Board. We have been very supportive of our <br />floodplain; but we don't want to make it so people who have property rights don't ever get to <br />use their property. If a road keeps getting swept away, do we all have to keep contributing to <br />the public resources that keep it active? Roads along the coast keep getting damaged in other <br />communities. It's not up to us but we can lead the town where we think it should be, it's <br />ultimately up to Town Meeting approval. <br />REVIEW OF CURRENT PROPOSED DRAFT <br />Properties Outside the Floodplain <br />Ms. Faulkner stated if a side setback is non -conforming at 8 ft, and it should be15ft, you must <br />go back 15ft and go up 2.5 stories. With an existing non -conformity, the ZBA may approve <br />replacement structures, one could maintain but not increase the non -conformity. Mr. Lehrer <br />