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5 <br />Mashpee Zoning <br />Board of Appeals Minutes <br />• 2 December 10, 2008 <br />Howers Landino One. LLC: Requests Variance from Section 174-31 to seek <br />landspace relief and setback relief on property located in an R-3 zoning district at <br />7 Popponesset Island Road (Map 105 Parcel 261) Mashpee, MA. <br />Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, Jack Dorsey and <br />William Blaisdell. <br />Attorney Theodore Schilling represents the applicant for the request of a <br />raze and replace on this property. The present dwelling is a pre-existing <br />non -conforming structure whereby the applicant is seeking to demolish the <br />house and re -build a new dwelling. The proposed house is not more non- <br />conforming however does require variance relief from the Board in several <br />areas. Additionally, there is an existing pool that sits only ten feet or so <br />from .the front yard lot line, however, was pre-existing and the applicant is <br />not seeking any changes to this pool. There also exists 5 driveways which <br />will be reduced to 2 driveways. There is also a fence that sits on <br />Popponesset Island Road and that will be removed. The Board asks if the <br />house can be pushed back further so as to reduce the variance request — <br />• however that would cause problems for the stairs and a safe walkway around <br />the pool. Also, the septic system is being installed as far away from the <br />house as possible. The Board questions whether or not the wood and <br />concrete around the pool is a structure and Mr. Slavinsky informs them that <br />so long as the joices remain on the ground it is not considered a structure. <br />Asthetically speaking, this new dwelling will be an overall positive influence <br />on the neighborhood. The Board reviews the plans with Attorney Schilling <br />and Mr. Slavinsky and some basic discussion ensues. The Board is satisfied <br />with the overall request and Mr. Reiffarth moves to grant the Special Permit. <br />Robert Nelson seconds the motion. All agree. So moved. The Special <br />Permit is granted. James Reiffarth makes a motion to grant the following <br />variances: <br />✓ 31 feet to Compass Circle <br />✓ 3.9 feet on the southerly rear side <br />✓ 29.1 feet from Popponesset Island Road to the pool <br />✓ 29 feet from Popponesset Island Road to the cabana <br />✓ 21,970 square foot landspace variance <br />• Robert Nelson seconds the motion. All agree. So moved. <br />