7/23/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 23, 1997 2, Mr. Wickstrom submitted signed plans of the site. He explained that he had appeared before the Design Review Committee earlier and they had approved a planting plan to be completed before the end of August. Mr, Govoni stated that the sign on the property was not an issue and is approved by the Design Review Committee. He said Mr. Wickstrom has a choice of planting privet or arborvitae. Mr. Regan moved to grant the Special Permit. Mr. Govoni seconded with the condition that the landscaping be completed by the end of August and the plantings be either 4 - 5' arborvitae planted 5 feet on center or 4 - 5'privet planted 2 feet on center and that they post a landscape bond of$600. All agreed. Luis A. Perez- Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front and rear setback requirements. The applicant requests a Variance of 4.9 feet to allow a front setback of 25.1 feet from Wheelhouse Lane and a Variance of 5 feet to allow a rear setback of 15 feet on property located in an R-3 zoning district at 13 Wheelhouse Lane(Map 120, Block 169) Mashpee,MA. (Owner of record; Mark C. Gildea TRS.) Members sitting; E. Govoni, C. Hawver, R. Nelson Mr. Regan stepped down for this hearing. Engineer Michael Grotzke represented Mr. Perez and informed the Board that the lot is in the flood plain which requires a natural buffer zone. As a result of the topography the house had to be moved closer to the road. He requested a 15 foot rear setback and a 25.1 front setback. He said the flood plain location requires a denitrifying septic system and natural buffer. The project has been approved by Conservation. Mr, Govoni noted that Variances in the setbacks have been granted to several properties in the area due to the flood plain regulations. Robert Sharkansky, a direct abutter, stated that he did not feel the variance should be granted and presented a petition from neighbors asking that it be denied. He questioned if there was a hardship on the land. Mr. Govoni stated that Mr. Sharkansky had received a variance as had many others. Mr. Govoni said the Board was trying to be consistent and the flood plain restrictions created a hardship. Linda Sharkansky spoke against the application. Doug Fohlin, an abutter, stated that he was opposed to the variance. Mrs. Sharkansky said they did not oppose previous applications because the street was empty. Mr. Nelson said the pool was a problem and if the pool was eliminated and the house skewed they could meet the setbacks. A. Kariotis represented the Little Neck Bay owners association and said he had been asked to voice his disapproval. I