04/09/2008 zONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 April 9, 2008 • and that tenant is no longer in business. Mr. McKee will do what he needs to apply and.thanks the board for their time. Robvn Laukian: Requests a Special Permit from Section 174-17; 174-20; 174- 24(c); 174-59; in order to raze and replaced the existing non -conforming structure on apre-existing non -conforming lot on property located in an R-3 zoning district at 50 Waterway (Map 105 Parcel 209) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. Attorney Kevin Kirrane of Dunning & Kirrane represents the applicant at this hearing. They are seeking a special permit to raze and replace the existing non -conforming structure. The new dwelling will have 4 bedrooms instead of 5 bedrooms and the new structure will be more conforming as far as setback issues. There will be adequate parking and a new septic system will be more beneficial to the neighborhood and the property itself. Although this will be constructed in the flood plane there will be no habitable living space below the flood plane and a rain garden will improve the existing site plan. The current lot coverage is 15.9% and the proposed lot coverage will be at the maximum of 20%, and the pool is included in this lot coverage. The average setback for the two abutting neighbors is far less than the proposed setback on the front. A letter from Paul Sorgie of 53 Waterway is read into the record by Chairman Nelson. Mr. Sorgie is against the new dwelling being built, due to the size of the structure and that it will affect his view. Mr. Nelson informs the board the Mr. Sorgie's home is quite large and the request of the applicant is reasonable. The height of the dwelling is within the code, and the board does not take into account if someone's view is interrupted. The Board reviews the plans and has some further discussion with Attorney Kirrane. Jonathan Furbush makes a motion to grant the Special Permit. Robert Nelson seconds the motion. All agree. So moved. The Special Permit is conditioned upon compliance with plans • from Cape & Islands Engineering, dated February 4, 2008.