06/24/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 2 June 24, 2009 that the lot coverage has changed —the size of the lot is different —and the numbers do not make any sense. Mr. Nelson informs the applicants that there needs to be some explanation given and that there has been numerous things that have not made sense from an engineering standpoint. The Board received an email from an abutter — George Welch — who is against the variance. Mr. Herbert tells the Board that he spoke with Ms. Welch after the email was sent and that she is ok with everything now. However, Jack Worth of 38 Spoondrift tells the Board that Ms. Welch is STILL in opposition to the variance and he is here to represent her opinion on that. The Board is at a cross way as to who to believe at this point. Victor Corda, a neighbor is in full support of this variance request and tells the Board that he has known the Herberts for a long time. Mr. Nelson tells the Herberts to have someone here to explain this situation and the reason why the plans do not make any sense. They also need to see the dimensions of the house and the correct lot coverage and correct size of the lot once and for all. This has been far too lengthy and problematic and Mr. Nelson wants this cleared up. They will continue the matter until July 8, 2009. New Public Hearings James Shalek: Requests a Special Permit from Sections 174-17, 174-20, 174- 24C, 174-58 and 174-59 of the Zoning By-laws in order to raze and replace a single family residence on property located in an R-3 zoning district at 127 Popponesset Island Road (Map 112 Parcel 18) Mashpee, MA. Owner of Record: Shalek Popponesset Realty Trust James Shalek: Requests a Variance from Section 174-33 of the Zoning By-laws to seek relief from the setback to the Wetland Resource Area in order to install a built-in swimming pool on property located in an R-3 zoning district at 127 Popponesset Island Road (Map 112 Parcel 18), Mashpee, MA. Owner of Record: Shalek Popponesset Realty Trust. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and John Dorsey. Attorney Kevin Kirrane represented the applicants at this hearing. Also present and representing are John Slavinsky of Cape & Islands Engineering, Michael Talbot of Talbot Landscaping, Dr. Mario DeGregario, Wetlands Specialist and Michael Jimerson, Architect of Centerville. Lori Corsi reminds the Board that what has been filed for is simply a Findings of Fact and that they merely need to determine if this project is more or less detrimental to the neighborhood. Attorney Kirrane makes his presentation while the Board reviews the plans • submitted. The new dwelling as proposed does get closer to the Wetlands area however, conforms to the setback requirements on the side yard, rear and front. Applicant plans to raze and replace the structure with a four bedroom dwelling,