7/24/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 24, 1996 2. Mr. Govoni stated that the application did not require a modification of the Special Permit. Mr. Regan moved to grant a Variance of 83 feet to allow a total dock length of 153 feet. The Board noted that the actual extension of the dock is 52 feet but to comply with the Town By-law limit of 70 feet the Variance required is 83 feet. Mr, Regan found that the applicant met the requirements for a Variance. Mr. Govoni seconded. All agreed. Thomas and Lvnr O'Hara- Request a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the setback requirements to allow the construction of a single family house on property located in an R-3 zoning district at 110 Amos Landing Road (Map 82, Block 91) Mashpee, MA. (Owner of record: Merchant Financial Investment Corporation). Members sitting: E. Govoni, J. Regan, C. Hawver Ms. Hawver stated that this was a Chapter 112 hearing. Engineer Michael Grotzke represented the applicant and reviewed plans for the construction of a house on a lot impacted by wetlands. He explained that there was only a small upland area on which construction could be done and on which a septic system could be approved. He said that the Conservation Commission had agreed to intrusion on the 50' setback from the wetlands. Mr. Govoni moved to grant the Variance of 5' on the side setback and allow construction within 32' and 45.4' of the wetlands due to the hardship resulting from the topography of the lot. Elmyrna E. Num -Requests a Variance from Section 174-32 of the Zoning By-laws to allow the construction of a single family home on an unpaved road on property located in an R-3 zoning district at 45 Orchard Road (Map 62, Block 4)Mashpee, MA. (Owner of record: Marion Dewillis). Members sitting: E. Govoni, J. Regan, C. Hawver Attorney Joseph V. Maruca represented the applicant. He explained that the dirt road to the Nuey property is approximately 217' long and has been in use for 30 years. The total road is 300' feet long and there is a 40 foot right of way. There is an existing house on the property across the street. He explained that the cost of paving the road would be a substantial hardship and would be about the same as the selling price. He said properties to the west no longer have a legal right of way to the dirt road. Mr. Nelson reviewed the need to maintain 20' width and 13 112' height Mr. Govoni asked who would maintain the road for safety and Mr. Maruca said the owner of the property would want to keep it open. Mr. Regan moved to grant the Variance with the following findings: there is a fire hydrant within 250 feet of the property with the condtion that the road be maintained for public safety. Mr. Govoni seconded. All agreed.