9/25/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - September 25, 1996 3. Anthony Petruzzi, Popponesset resident, informed the Board that the Popponesset Beach Association has a right of way beside the property and did not want driving on the right of way. Mr. Kirrane said all parking will be within the lot. Mr. Intoccia said he planned to plant bushes along the right of way and that access to his property would be from Clover Lane and not from the 10 foot right of way. Robert Webster, a direct abutter, said he questioned the 28 foot height of the proposed building. Mr. Govoni stated that they have moved the house from 3 feet to 10.5 feet. Mr. Kirrane said that Mr. Intoccia has designed the house to be compatible to the neighborhood and that the roof line has been tapered to reduce the impact. Mr. Govoni said that the house sketch will become part of the record. Mr. Intoccia said they had designed the house to look like a one story house from the abutters property and goes to two floors on the water side. Mr. Govoni said the owner could build on the original footprint and be much closer to the Webster house. Mr. Webster asked if the existing trees could be saved, Mr. Nelson asked if Mr, Intoccia would consider moving the proposed house over 1.7 feet and Mr. Intoccia said he needed space on the other side for parking. Mr. Kirrane said the proposed plans were less non-conforming than the existing structure and would be an asset to the neighborhood. Mr. Nelson asked if the engineer had checked the Clover Lane right of way. He asked that the lot dimensions be added to the plan. Mr. Govoni moved to determine that a Variance was not required and the Special Permit be granted for the following reasons: (a) the structure is less non-conforming (b) is not a detriment to the public good (c) it can be expanded within the Special Permit. He asked for conditions that: no access be from the 10 foot right and way and that vegetation on the north property line be maintained. He said the use is reduced from multi-family to single-family and that lot coverage be reduced. Ms. Hawver seconded. All agreed. Mr. Govoni said permit was conditioned upon Conservation Commission approval and submission of new plan. Mr. Govoni moved to accept a withdrawal of the Variance application, Mr. Nelson seconded. All agreed. Mashpee Industrial Park Realty Trust. -Requests a Special Permit under Sections 174- 25.D.1-5, 174-25,G.1-10, and 174-25.H.6 of the Zoning By-laws for permission to construct a 80' by 124.11' building to be divided into a maximum number of five commercial rental units on property located in an I-1 zoning district at 64 Industrial Drive (Map 88, Block 34) Mashpee, MA. (Owner of record: Paul deRuyter, TR.). Members sitting: E. Govoni, J. Regan, C. Hawver