1/9/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - January 9, 1991 2. Elias McQuaid, Board of Health, stated that the cleanup of the land had been done to the satisfaction of the Board and no hazardous waste was detected at the site. He said the second major concern of the Board of Health was that each lot be serviced by public water. He said that the main water line for the John's Pond Estates will be in place by June, 1991. He informed the Board that if Mr. DeMartino expects construction on any of these lots prior to that time he would have to come to the Board of Health for permits for temporary wells and agree, by deed restriction, that once water becomes available that those lots be tied in. He said it would be the burden of the developer to lay the lines for this section. Mr. Hanrahan discussed the requirements of Chapter 40A and Mr. DeMartino reviewed the history of the subdivision and explained that they had sold it and the new owner defaulted and he has had substantial expense. He said he was not in the development business. Mr. Mills said that the present subdivision is illegal. There was discussion of the need to maintain the buffer strip from Route 151. He explained that the hardship lies with the land and was not self- imposed. Mr. Hanrahan moved to grant the Variances on the basis of the hardship of the layout. Mr. Christian seconded. All agreed. The Board discussed conditions required by the Board of Health and agreements with the John's Pond Estates Association. Urban and Francis T. Cloran - Request a Variance under Section 174-31 of the Zoning By-laws for permission to vary the setbacks in an R-3 zoning district on property located at 156 Shore Drive (Map 123, Block 158) Mashpee, MA. (Owner of record: H. Frances T. Cloran) . Members sitting: C. Hawver, M. Makunas, W. Hanrahan Engineer Scott McAskill represented the applicant. He reviewed plans for a proposed home to be built on a corner lot and said plans showed a 32.70' front set back from Shore Drive and a 25. 18 setback from Beach Road. Proposed lot coverage is 10.67%. He explained that topography of the lot did not permit any other location for house. Bill Ferguson, an abutter, asked to see what type of building was to be constructed. Allis Laycock, the designer, showed plans for the house and landscaping plans for the back yard. Mr. Hanrahan said the lot was not being overbuilt and that the shape created a hardship. Ms. Hawver explained that the Board would focus on the zoning only and that Conservation and Board of Health would be responsible for other issues. Mr. Makunas asked Mr. Ferguson if he objected and he replied that he had come only for information. Mr. Makunas moved to grant the Variance as requested. Mr. Hanrahan seconded. All agreed.