5/13/1998 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - May 13, 1998 3 conforms with the 50 foot setback from the wetlands. Mr. Kirrane said that without relief it would be impossible to build anything but a shed on this lot and the hardships in the use of the land are substantial, Mr. Govoni read a memo from Conservation Commission saying it recommends approval of the project. No comments were received from the Fire Department. Mr. Santos, an abutter, questioned the lot to be deeded to the Town and Mr. Kirrane said it was lot 4. Mr. Hauck said he cannot give a building permit until the land has been deeded to the Town. Mr. Regan moved to grant the Variance subject to final approval by the Conservation Commission, transfer of the deed to Lot 4 to the Town. Ms. Hawver said the hardship resulted from the topography, location in the ACEC and wetlands and that the Planning Board has approved the subdivision and the road. Ms. Hawver seconded, All agreed. Jason Stone -McElroy Members sitting: E. Govoni, J. Regan, M. Makunas Mr. Govoni stated these have a written request to withdraw. Mr. Makunas moved to grant the requests to withdraw, Mr. Regan seconded. All agreed. Kenneth E. Litvack- requests a Variance from Sections 174-31 and 174.33 of the Zoning By-laws for permission to vary the front setback, lot coverage and setback from wetlands requirements to allow the construction of a garage with a 20 foot front setback, a 9.1 foot setback from Popponesset Creek and 25% lot coverage for property located in an R-3 zoning district at 11 Taffrail Way(Map 106, Block 7)Mashpee, MA. Kenneth E. Litvack - requests a Special Permit under Section 174-17 of the Zoning By- laws to allow the expansion of a non-conforming home with the addition of a garage/home office on property located in an R-3 zoning district at 11 Taff-rail Way (Map 106, Block 7) Mashpee, MA. Members sitting: J. Regan,M. Makunas, R. Nelson Mr, Nelson said he had studied the additional information received and that he did not like the proposed location of the garage. Mr. Nelson moved to deny the request for a Variance and Special Permit without prejudice. Mr. Makunas seconded. Mr. Regan made the vote unanimous. The Li nos FamilTrust - Requests a Variance from Section 174-31 of the Zoning By- laws for permission to vary the setback requirements on property located in an R-5 zoning district at 123 James Circle(Map 64, Block 67)Mashpee, MA, Messrs, Govoni, Regan and Makunas stepped down from the Board.