8/12/1998 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes August 12, 1998 5 Attorney Fain Gildea and Engineer Norman Hayes represented the applicants. Ms, Gildea presented a memorandum of several pages with the proposal for the construction of three single-family homes. Norman Hayes indicated that a salt march and an ACEC line are in the proximity of the lots. He stated that no resource area exists within an ACEC area on any of the parcels. He pointed out that the proposed construction at 407 Great Oak Road is 40 feet away from wetlands and 35 feet from pavement at the closest point. No construction is proposed on the ancient way. The lot coverage will be only 14%, The septic system is a new innovative system that removes 55% of the nitrates out of the affluent. Mr. Hayes stated that the proposed construction at 403 Great Oak Road is 42 feet from wetlands, 35 feet from pavement and the coastal bank runs along the ACEC line that marks the top of the coastal bank. He stated that"it is a pocket coastal bank not functioning as such." He offered that the Conservation Commission has granted relief down to 35 feet, and the applicant is asking only for 40 feet. The proposed construction meets sideline setback requirements and protects the ancient way. The lot coverage will be only 12.6% The applicant seeks relief of a 5 foot front setback. Mr. Hayes stated that the proposed construction at 397 Great Oak Road is 50 feet from wetlands and will be only 10% lot coverage. The proposed construction is 35 feet from pavement, There is no coastal bank on this lot. Mr. Regan pointed out that all three properties are in Chapter 112, Ms. Gildea presented the board with a drawn-out discussion of 1960, 1970, 1980 and 1940 Land Court and Barnstable County Registry of Deed recordings. She further listed agreements between developers and the Town ofMashpee. She stated easements taken by the Town of Mashpee have further reduced the lot sizes and that the relief sought by the applicants is routinely granted by the Board of Appeals. She further related that Little Neck Bay subdivision was granted a special exception to the Zoning By-laws and, therefore, the Board cannot enforce the Zoning By-Laws, Mr. Regan read letters from Little Neck Bay Association and South Cape Civic Association, Inc. in opposition to the proposed development of the three lots. He also read a letter received from the Conservation Commission with concerns related to coastal bank, land subject to coastal storm flowage and wildlife habitat. The letter from Kopelman and Paige made reference to grandfathering. Mr. Regan questioned the manner in which lot coverage was determined;his opinion being that true lot coverage is not indicated on the proposals. Mr. Hauck informed the Board that when eminent domain is taken, it is not deducted when determining lot coverage. i' 3; f . .k j',