02/23/2011 ZONING BOARD OF APPEALS Minutes

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Town of'.1�'Ic�sl2p�e Eck rr y N e l6 Great JVeck ' 7 �hir t1 h1aslipee,Massaclruse MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE °� E 28 P 16 V-11-07 Susan L. Karelitz Registry of Deeds 384 Monomoscoy Road Certificate of Title: 191704 Mashpee, MA 02649 Land Court Lot Number: 76 Assessor's Map 125 Parcel 20 Plan Number: 15281-H A Petition was filed on January 13, 2011 by Susan L. Karelitz for a Variance from Section 174-33 of the Zoning By-laws to vary the setback requirements from water and wetlands to allow for construction of a pool, retaining wall and additions to an existing home on property located in an R-3 zoning district at 384 Monomoscoy Road (Map 125 Parcel 20) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on February 4, and February 11 , 2011, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on February 23, 2011. The following Board members were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, John M. Dorsey and Associate Board Member Ronald S. Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 concerning Variances and the Town of Mashpee Zoning By-laws §174-33, which reads: "Setback from water and wetlands. Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty (50) feet from any water or wetland as defined by MGL C. 131, §40." Mr. John Slavinsky from Cape & Islands Engineering represented the Petition. The Petitioner is seeking relief of twenty (20) feet from the setback requirements from the wetlands to the pool to allow for the proposal. Mr. Slavinsky said that the situation has changed since 1999 and it has been determined that the area is a wetland. Mr. Slavinsky said that removal of 3,000 feet of turf will eliminate 14 pounds of nitrogen a year. The Conservation Commission has issued an Order of Conditions. The Board of Health memo states that the proposal will only require a septic system inspection. Mr. Mark Scofield, an abutter at 378 Monomoscoy Road, stated that he is in favor of the project.