04/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals April 28, 2010 • Mrs. Sharon A. DeFrancesco represented her Petition. She said that she would like to enlarge her home. The proposal calls for a mudroom and a front porch addition. Mrs. DeFrancesco is asking for Variance relief from the side and front setback requirements. Mr. Nelson read the letter from the Board of Health stating that the proposal will require a septic inspection. Mr. Nelson drew attention to the setback of the subject home from Scituate Road. He pointed out that the houses on each side are closer to Scituate Road than the subject home. Mr. Nelson said that the Board could apply the "average setback rule" if the abutting houses had been included on the plan; thereby eliminating the need for Variance relief. He said that he has no objection to granting the Variance relief. Mr. Dorsey agreed and said that the proposal only calls for 13% lot coverage. No comments were received from abutters. Mrs. DeFrancesco mentioned a minor revision which the contractor made to the plan. She said that 18 feet of the porch would be enclosed to create a foyer. She submitted a plan and explained that the footprint of the proposal would remain the same. Mr. Reiffarth made a motion to grant the following Variance relief: 7.2 feet from the side setback requirements. 4.4 feet from the front setback requirements. • This is conditioned upon compliance with MacDougall Surveying & Associates, P.O. Box 2428, Mashpee, MA. 02649, J#1198A plan entitled: "Certified Plot Plan For Proposed: Second Floor, Mudroom & Porch, Located at: 80 Scituate Road, Mashpee, MA. Prepared for Sharon & James DeFrancesco. Scale: 1"=20' September 17, 2009 Rev. March 18, 2010". Mr. Dorsey seconded the motion. All were in favor. NEW PETITIONS Shane T. Caiazzo: Requests a Modification to a Special Permit (SP -09-18) under Sections 174-17, 174-20 and 174-24C of the Zoning By-laws to allow for construction of a pool on property located in an R-3 zoning district at 8 ChartWay (Map 106 Parcel 16) Mashpee, MA. Request for Withdrawal Without Prejudice. At the Public Hearings on April 14, 2010, Attorney Kevin M. Kirrane addressed the Board in an informal discussion of the Petition. He referred to the Special Permit granted by the Board in 2009. The Petitioner would now like to make a minor modification to the Special Permit SP -09-18 to allow for slight relocation and shape of the pool. Attorney Kirrane submitted the new plan and asked if the Board would agree to accept the new plan as part of the record in order to allow the Petitioner to continue construction. Mr. Nelson said that he had discussed this issue with Building Commissioner Richard is Stevens, who agreed that it would be sufficient for the ZBA Chairman to note the minor N