05/13/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Shane Caiazzo 2 Board of Appeals SP-09-18 exists. The current setbacks will be improved with the existing cell pool will be replaced with a new Title V system. The frontyard setback is proposed to sit 30.1 feet back from the street due to accommodations that have been required by the Conservation Commission. One of the suggestions that Conservation made was to detach the garage and put it in the front of the house in order to keep the distance from the coastal banks closer to the requirements. The Board discusses this idea and it is determined that they do not want the garage detached from the house. This will then create a frontyard setback issue as well as putting a garage right in the front of the neighbors bedroom window. Patricia Bell - 45 Popponesset Island Road: She is in favor of the project and feels this would be an improvement to the area. William Cohen—9 Chart Way: Has worked with applicant to share his concerns on privacy, setback issues and the outside noise that any mechanical equipment may present. They have come to an agreement and he is in support of this project. Steve Bell—45 Popponesset Island Road: He is happy the Board does not want the garage attached as it would literally have been right in front of his bedroom window. Additionally, the Board discussed a parking pad on the cul-de-sac and Mr. Bell would disagree with having that exist near his house. Mr. Cohen again addresses the Board asking how they can incorporate the agreement that he and Mr. Caiazzo came up with. It is decided that the restriction will be written into the decision and will read "there shall be no visible noise generating mechanical equipment shall be installed adjacent to 9 Chart Way and shall be located on the Creek side. Mr. Nelson commented on how well the presentation was and how the Board appreciates the applicants efforts to accommodate his neighbors wishes and that of the Town of Mashpee along with the affiliating Boards. James Reiffarth makes a motion to grant the Special Permit. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6; require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use.