10/11/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning David Jaye 2 Board of Appeals SP-06-72 disposal system. The only setback requirement requested is that on the northerly boundard by 4 feet. The new structure will also lessen the non -conformity of setback to wetlands and will now sit at 41.2 feet instead of 50 feet. Attorney Kirrane believes this all can be done through the application of a special permit when three criteria are met: (1) the new dwelling is not more detrimental to the area; (2) there is adequate landspace for parking; (3) the board deems adequate space for setbacks. However, the Board generally grants variances for setback relief. Attorney Kirrane also mentions the abutting neighbors the Zamitos, have no problem with this proposal. Attorney Kirrane has also applied for relief from the flood plane due to Fema being in the process of changing their maps to reflect the current plans. The driveway will be changed to the other side. The Board discusses variance relief on the side where the garage is and questions whether or not the garage can be reduced so no variance is needed. Mr. Luff informs them that he already reduced it from a 3 car garage and that moving it would affect the roof lines and the front door. Zella Elizenberry asks what the new denitrification system really consists of and that the Blue Ribbon Committee is very concerned with the critical level of nitrogen that Mashpee has. Mr. Healey from the BSC Group tells the Board the there is an extra 5 feet in a de -rite system that helps with the removal of nitrogen and costs $8- 10,000 phis the expensive fees for testing. Mr. Brem says he has no problem with this request after visiting the site. The Board has some further discussion with Mr. Healy regarding septic systems. Mr, Luff also addresses the Board and informs them that the applicant is voluntarily installing this very expensive system and it is $8-10,000 MORE than the regular one. Marshall Brem moves to grant the Special Permit. GENERAL FINDINGS 1. that the subject property is located at 40 Popponesset Island Road and contains 23,545 square feet. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Law 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.