01/10/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 6 January 10, 2007 is Marc and ,lune Levv: Request a Special Permit from Section 174-20 of the Zoning By- laws in order to demolish existing dwelling on property located in an R-3 zoning district at 16 Fells Circle (Map 122 Parcel 215) Mashpee, MA. Marc and ,Tune Levv: Request a Variance from Section 174-31 of the Zoning By-laws to seek relief from lot size and frontage reliefon property located in an R-3 zoning district at 16 Fells Circle (Map 122 Parcel 215) Mashpee, MA Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Jonathan Forbush and Frederick Borgeson. Mr. Joseph Harvey of Grossman Engineering, Falmouth, MA, represents the applicant at this hearing. They are seeking a special permit in order to demolish the existing dwelling and a variance to seek relief from the setback requirements and landspace requirements in order to build a new three bedroom dwelling. The Board reviews the site plans and building plans. Mr. Harvey informs the Board that the applicant meets the requirement of being 50 feet from the back of Fells Pond. Marshall Brem makes a motion to grant the special permit. Robert Nelson seconds the motion. All agrees. So moved. A roll call vote is taken. Marshall Brem votes yes. Robert Nelson votes yes. Zella Elizenberry votes yes. Jonathan Forbush votes yes. Frederick Borgeson votes yes. Marshall Brem makes a motion to grant a 25 foot frontage variance and a 19,300 square • foot landspace variance. Jonathan Furbush seconds the motion. All agree. So moved. A roll call vote is taken. Marshall Brem votes yes. Jonathan Forbush votes yes. Robert Nelson votes yes. Frederick Borgeson votes yes. Zella Elizenberry votes yes. Both special pennit and variances are conditioned upon plans from Norman Grossman, PE, RLS, dated December 11, 2006, Plan No. H-984-1. ABKJJT, LLC and Mashnee Woods Development, LLC: Requests a Comprehensive Permit pursuant to G.L c. 40B section 20-23 et seq. Applicant is proposing to construct a total of 120 units of attached housing twenty four units will be rental of which six will be affordable and ninety-six units will be for sale of which twenty-four will be affordable. All units are proposed to be (2) bedroom units. Property is located at 588 Main Street in an 1-1 zoning district (Map 19 Parcel 10) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson and .Jonathan Forbush. Special Counsel Jason Talerman is present and representing the ZBA on this Chapter 40B. Attorney Kevin Kirrane of Dunning & Kirrane represents the applicants. This matter was continued from December 13, 2006. A discussion begins regarding the parcel of land at the beginning of the site plan and • whether or not it is part of the application. It needs to comply with all rules from the Planning Board. Mr. Nelson informs Mr. Kirrane that its appears a second egress would