01/28/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 February 11, 2009 Au2ustvniak (52 Spoondrift Wav): Sitting: Robert Nelson, James Reiffarth, Jonathan Furbush, William Blaisdell and Jack Dorsey. This matter is continued until February 11, 2009 due to pending issues in Conservation. No testimonv will be taken. Hubert Trust/Krock (4 Cross Street): Sitting: Robert Nelson, James Reiffarth, Jonathan Furbush, William Blaisdell and Jack Dorsey. This matter is continued until February 11, 2009 due to an administration issue — it will not be charged to the applicant. No testimonv will be taken. Kenneth Marsters. Trustee of Prime Properties Realtv Trust: Request a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements on property located in an R-3 zoning district at 12 Wintergreen Road (Map 103 Parcel 107) Mashpee, MA • Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. John Slavinsky of Cape & Islands Engineering represents the applicant at this hearing. This matter was approved in 2007 but the variance has expired. The Applicant is re -filing for setback relief in order to build the same house. Mr. Slavinsky notes that although this lot is over an acre and should not need setback relief, there are large vernal pools in the rear of the lot whereby the applicant was forced to push the house a certain distance from the vernal pools thus creating the need for setback relief. The Board reviews the plans and finds the request acceptable. James Reiffarth makes a motion to grant a 12 foot frontyard variance and a 4 foot sideyard variance on .the northwesterly side. Mr. Reiffarth also notes that these variances are conditioned on all requirements from the Board of Health, namely: 1. The property is located within a Zone 11 groundwater contribution area. Applicant is allowed up to a 4 bedroom • dwelling, although only a 3 bedroom dwelling is proposed.