11/13/1996 ZONING BOARD OF APPEALS Minutes

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MASHPEE BOARD OF APPEALS Minutes November 13, 1996 The Mashpee Board of Appeals held a meeting on Wednesday, November 13, 1996 at 7:30 P.M. at the Carol H. Jacobson Senior Center. Board members present were: Edward M. Govoni, Chairman; James E. Regan III, Vice-Chairman; Cheryl A. Hawver, Clerk and Associate Members Robert G. Nelson, Richard T. Guerrera, James M. Dorgan and Michael A. Makunas. Building Inspector William F. Hauck was present. Edward Siegfried -Requests a Special Permit under Sections 174-17 and 174-20 of the Zoning By-laws to allow the removal of a pre-existing residential structure and the replacement with a new single family dwelling on property located in an R-3 zoning district at 220 Wading Place Road (Map 112, Block 57)Mashpee, MA. (Owner of record: Francis J. Reidy et al Trustees). Members sitting: E. Govoni, J. Regan, C. Hawver Engineer Norman Hayes and Architect Mark Marinaccio represented the applicant. Mr. Hayes informed the Board that the project has been reviewed by the Conservation Commission and the Board of Health. He explained that two old cesspools will be removed from the site and a new denitrification system will be installed to reduce the level of nitrates entering the ground water. He said that they have improved the setback distance from the water and that Conservation has required that they have no increase in disturbance near the water. Mr. Govoni asked Mr. Hauck for the zoning in the area and Mr. Hauck explained that the lot was developed before zoning but that the Town has been using a 20' front setback and 10' side setback for this area as earliest zoning, Mr. Hayes said they have tried to get an environmental betterment, not encroach on the setbacks and improve the septic system. He said the new rivers act has impacted the use of the site. Mr. Marinaccio said the proposed lot coverage would be 17% and that 20% is allowed. He explained that the structure meets the height limitations of the Popponesset overlay district. Mr. Nelson asked about the Popponesset Creek line and Mr. Hayes explained that this area is under a state license and the building cannot intrude on it. Mr. Govoni read correspondence from the Conservation Commission stating that the house could not be located closer to the water and from Veda McInnes, an abutter, in favor of the petition. Mr. Dorgan questioned the nitrate loading system and Mr. Marinaccio said the new system would be 1 part per million less of nitrate loading than the present system. Nancy Caffyn, a direct abutter, expressed concern at the 10 foot setback from her Iot Iine. She stated the new house would be 80' long. She said that in the past the owners in Popponesset had been restricted to building on the footprint of the original house.. Mr.