04/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals April 28, 2010 revision on the plan and then initial it. The other Board members also agreed. The new plan was signed and dated by the ZBA Chairman. There was no formal request for Withdrawal of the Petition at this meeting. At the Public Hearings on April 28, 2010, Mr. Nelson moved to accept the fax from Attorney Kevin Kirrane formally requesting Withdrawal Without Prejudice of the Petition. All were in favor. Cheryl Bloom: Requests a Finding of Fact under Section 174-17 of the Zoning By-laws for permission to demolish and replace a pre-existing, non -conforming structure on property located in an R-3 zoning district at 176 Daniel's Island Road (Map 100 Parcel 17) Mashpee, MA. Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, John M. Dorsey, Peter Hinden. Attorney Sean Eagan represented the Petitioner. He asked the Board for a Finding of Fact to allow for demolition of a pre-existing, non -conforming dwelling and replacement with a new home. Attorney Eagan said that the Conservation Commission has issued an Order of Conditions, which includes the installation of a denitrification septic system. The cesspool system will be abandoned. The proposal will be under 20% lot coverage. Mr. Nelson commented that the proposal will not be closer to the wetlands than the • existing dwelling. He also noted that the entire new building will be located in the flood plain. According to the submitted plan, the sheds will be removed. Attorney Eagan said that the proposed setbacks will be similar to the prior setbacks. Mr. Nelson said that no major Variance relief from the setback requirements is required. Mr. Dorsey asked for elevation figures. Mr. Nelson said that the plan indicates that the first floor elevation would be 16 feet and that the existing house elevation is currently at 6.4 feet. Building Commissioner Richard Stevens confirmed that the new dwelling has to be at or above the flood plain elevation on the first floor. No comments were received from abutters. Mr. Reiffarth moved to grant the Finding of Fact that the proposal is not more detrimental as to setbacks and lot coverage and that there is adequate parking. This is conditioned upon compliance with Falmouth Engineering plan entitled: "Plot Plan for 176 Daniel's Island Road Prepared for Ron & Cheryl Bloom in Mashpee, MA. Plan Date: November 17, 2009, Project Number: 09039".. Mr. Dorsey seconded the motion. All were in favor. Frank C. and Vicky Franklin III: Request a Special Permit under Section 174-45.4(1) of the Zoning By-laws for permission to construct an accessory apartment to an existing dwelling on property located in an R-5 zoning district at 5 Cambridge Drive (Map 16 • Parcel 48) Mashpee, MA. 4