01/23/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JANUARY 9, 2013 MINUTES • Bonvie said that the house is located toward the rear of the lot in order to accommodate the septic system. Mr. Collins insisted that Mr. Mabardy can locate the septic system in the roadway. Attorney Kirrane disagreed and said that the preference is to locate the septic system on the parcel and not within the roadway easement. Mr. Nicholas Mabardy stated that he would prefer to have his house line up with the other homes on the street. Attorney Kirrane said that would mean a revised plan contingent upon Board of Health approval to locate the septic system within the roadway easement. Attorney Kirrane suggested that his client proceed with the submitted plan and if he decides to relocate the dwelling, to ask the Board for an informal hearing with a revised plan. Mr. Bonvie made a motion to grant a Written Finding to allow for the proposal. The proposal is not substantially more detrimental than what currently exists due to the following findings: • The new dwelling will be an enhancement to the property and to the neighborhood. • It will conform to current building code requirements. • It is comparable in size and character to other dwellings in the neighborhood. • The new septic system will be a vast improvement. • There is adequate land to provide sufficient parking and setbacks as may be required. This Decision is conditioned upon the following: • J.C. Ellis Design plan entitled Site & Septic System Upgrade Plan, 2 Rock Island Road, Mashpee, MA. Nicholas & Ann Mabardy, 31 Union Street, Natick, MA 01760, Date: October 18, 2012. Revised: December 13, 2012. Note #15 shall be removed from the plan. • Board of Health approval. • Demolition of the existing dwelling shall not take place until after the Board of Health has conducted a site visit and made a determination on the number of bedrooms. If the Petitioner decides to relocate the proposed dwelling, the Board will allow the Petitioner to move the proposed location of the dwelling a maximum of 10 to 12 feet closer to Rock Island Road than what is proposed on the above -referenced plan. This relocation is contingent upon: • Board of Health approval of the relocation of the proposed septic system. • The Petitioner must return to the ZBA for an informal hearing with a revised plan showing the relocation. Mr. Reiffarth seconded the motion. Votes: Mr. Furbush, yes. Mr. Bonvie, yes. Mr. Reiffarth, yes. Ms. Horton, yes. Mr. DeBarros, yes. Vote was unanimous. Mr. Bonvie made a motion to grant a Special Permit to allow for demolition of the existing dwelling and construction of a new dwelling. This Decision is conditioned • upon the following: 3