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07/14/1999 ZONING BOARD OF APPEALS Minutes
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07/14/1999 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
07/14/1999
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Board of Appeals Minutes—J 4b <br /> my I4, 1999 8 � ;r . <br /> Pe Ellis--Requests a VarianrrE <br /> q Ce from Sections 174•-31, 174�-32 and 174�-33 of the <br /> Zoning By-laws to vary the sideline setback requirements <br /> " <br /> unpaved road and q ments, to construct a home on an r <br /> P to vary the setback requirements from the water and <br /> property located in an R- the wetlands on <br /> 3 zoning district at 23 Monomosco <br /> y west Road(Map 114 Block <br /> 8)Mashpee,MA. (Owner of record:Minnie Trust <br /> Mary R 1 <br /> . Brown, Trustee). r I <br /> Sitting.Edward M. Govan, James E.Re <br /> gan III and Robert G.Nelson. <br /> ➢t P j� f <br /> 4 1� 'k <br /> Mr. Jahn Slavinsky of Cape &Islands Engineering <br /> that the Conservationg g represented the applicant and stated ,�:1� <br /> Commission has approved the , � ..I <br /> Board of A pp protect,pending approval from the P <br /> Appeals. The Board of Health has also approved the proj <br /> ect. Mr. Slavinsky �k stated that the subdivision was developed in 1913 Ion ` 41�71 <br /> P g before current Zoning By-laws. <br /> He said that the narrow shape of the tat the proximity' <br /> . � p imlty to the wetlands and an unpaved }•� � <br /> road necessitate the request for Variance relief. He s •fated that the Conservation <br /> Commission has identified c h Y dri <br /> sods a <br /> t the bottom of the embankment an the subject <br /> lot,thereby determining the edge of the wetland. Mr J - <br /> hdri . Slavinsky informed the Board that -, ;��� � <br /> y c soil is where wetland lams ow. ,.� <br /> p grow. The Conservation guidelines demand a 30-foot "� <br /> buffer from the top of the bank to the work IM* et area. <br /> Mr. Slavinsky stated that a Zoning By-law allows for Y an applicant to calculate the set x, <br /> (from the street)on a proposed strut back <br /> p p structure by averaging the setback of an adjacent existin . <br /> home with the proposed lot. J g -, 1 +•. �` <br /> Mr. Govoni referenced a letter from Deputy Chief Hamblin, Fire Department, <br /> p g <br /> p tment, ex resin <br /> �s 11 <br /> concern with accessing a dwelling on an unpaved road during 1� <br /> p g an emergency. Mr. Gavani . � .� . ,�� <br /> questioned the width and height clearance of the road. `41 <br /> is Mr. Slavinsky stated that the road <br /> 15 feet wide and meets the minimum height clearance <br /> of 13.5 feet. He stated that the <br /> road stops at the end of the subject property. '® <br /> p <br /> Mr. Slavinsky informed the Board that two cottages across r <br /> g ass the road are set back :�ng is 2�feet back and nd ,.., <br /> approximately 18 feet from the street. Another abutter's dwell �i <br /> one �`��; �.•,. <br /> other abutter's dwelling is 6 feet into the street. <br /> I: Ali <br /> J <br /> Hauck informed the Board that he has to clear u titlesearch <br /> ' p a sear ch question between land , f; <br /> court and probate court on the subject property. He stated thatwafting <br /> �Y he is to hear from <br /> Town counsel regardingthe title search. ' <br /> . <br /> r tot! <br /> s• Shirley Granf eld, an abutter, expressed concerns reg g ardin the small size of the lot ny. <br /> :� .hAV, tr <br /> and the size of the proposed project. She stated that ti. <br /> J the hawse will be very close to the , <br /> dirt d ��� <br /> road and doubts that there will be enough clearance for cars. r - <br /> that Child Mr. Slavinsky stated ..; , .� ���. <br /> s Road must be used to access the end of the street. <br /> Mr. James Callaway, a realtor, stated that he is in the process p s of buying the two cottages � <br /> that are across from the subject property. He said that he <br /> as no problem with the <br /> proposal. x � <br /> �1 4 <br /> Y� jI <br /> •'4 <br /> 1 <br /> .ti. <br /> 1 r � <br />
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