01/14/2026 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 14, 2026 The Board discussed the average grade of the deck from the ground. It was determined that it is approximately 12.6 feet above sea level; about 15 ft. inches from the sand to the front entrance. Mr. Morris explained that this is within the New Seabury Special Permit area. The average natural grade is not determined from the street to the entirety of the wall, it is determined from the front of the building to the back of the building, adjacent to the foundation and the front of the building to the street. The average grade dimension was not depicted on the plan. The Board wanted to confirm that the tent is below 35 ft from original average grade which is adjacent to the height of the building. Also, the plan needs to be stamped by a professional land surveyor who needs to calculate the average grade of the top of the tent from the original above average grade adjacent to the foundation. The height cannot exceed 35 ft. from the top of the tent to the average grade of the ground; whatever that dimension may be. The Board could condition that the revised plans be submitted to the Zoning Enforcement Officer with the information regarding the average natural grade and determined that it does not exceed the 35 ft. requirement and stamped by a professional land surveyor. If the Zoning Enforcement Officer does not see those dimensional requirements, the applicant is required to return to this Board. The average existing grade adjacent to the foundation of the existing foundation or of the proposed foundation. The Conservation Department comments dated January 9, 2026, were read into the record; "Resources Areas: Coastal Dune, Coastal Bank, &LSCSF VE(EL 14). NOI application received approval with a unanimous vote with conditions of three year mitigation monitoring contract and permeable pavers on plan of record. Concerns overwork being conducted in two active resource areas were overcome with a large mitigation/restoration plan, structures being removed, 20+ helical anchor piles installed, and new construction will be flood compliant. " The Board of Health comments dated January 12, 2026, were read into the record; "Not under Board of Health's purview". There were no more questions from the Board or audience. Mr. Bonvie asked for a motion to close the public hearing. Mr. Furbush so moved. Ms. Sangeleer second. All were in favor. Mr. Reidy made a motion that the Board issue a Written Finding for 252 Shore Drive with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 6