10/11/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Weird orAppcals Minutes 3 October 11. 2006 •Ma rkne Susienka represents herselrat this hearing. She is seeking it variance or 16 list on the side yard in order !0 expaul her ex!stnr_ IiVing space. I Ice house is onlV 412 square Icct and the porch would bring the edelling alp 11 1 A00 square li•ct. Ht:! - abutting neighbor sits very Car back and has no problem with the proposal. [Marshall Rrent makes a motion to _rant the 16 lion variance. 7.c11a 131izenberry seconds the motion. A11 agree. A roll call vote is taken. Marshall Brenn votes yrs. Zella I-Elizcnberry Votes yes. Robert Nielson votes yes. Frederick Borgeson votes yes. Jonathan I'tlrbash Votes ves. Rel'erence plans from Yankee Land Surveyors oCiVlarstons Mills. \q A. dated February 22. 2006 and revised April 20. 2006. David A..lave: Requests a Special Permit front Sections 174-17. 174-20. 174-24C. 174- 50 and 17463 ol'the Zoning By-laws in order to 1'C1110Ve' and replace pec -existing 1-1011- conlin'mine structure on this non-conArmim lot on property located in an R-3 70111111-1 district at 40 Popponesset Island Road (Map 106 Parcel 27) Mashpee. MA. David A..laye: Requests a Variance hum Sections 174-3 1 . 174-33 and 174-51) of the Zoning By-laws to seed: relief from the setback requirements. lot siZ_e regail:cnlellts and distance to wetlands in order to build a new dwelling on property located in all R-3 Zoning district at 40 Popponesset Island Road (!flap 106 Parcel 27) Mashpee. !VIA. Sitting: Robert Nelson. Zelda Glizenberry. \garshall Brent. Frederick Borgeson. and •Jonathan Purbush. AnorneV KeVin Kirranc of Dunning, d Kirranc represents the applicant at [his Hearing. AIso present air Tim Lul'fol'Archi-Tect Associates and Kirran Healey of the BSC Group. Applicant has applied for a special permit and variance in order to raze and replace existing dwelling. The current su'ucture is non-conlitrming in that h tails to meet the 50 fiat setback requirement from the wetlands. The lot consists of23.545 square deet ofuplands which. once the chvelling is demolished will be an undersized lot. The new house will expand the lot coverage to I Wo well tinder the 20'% maxinutnt allowed. The new development will provide a new Title V system with it nitrogen removal sewage disposal system. The only setback rc•cluirentent rcqucsted is that 011 the northerly boundurd by 4 feet. The new su'ucua'e will also Ie'SSCn the 11011-contornlity 0Csetback to wetlands and will now sit at 41.2 lee instead of 50 Icet.:\ttorney Kirranc believes this all call be done through thc application ol'a special permit when three criteria are 111ct: I I ) the new chyclline is not morn dcu'intcntal 10 the arca: (2) there is adequate landspacr lir p:ui:!m_: (3) the hoard deems adequate space lot- setbacks. I lowever. the Board gr11c!aHy "rano variances lir setback relicl. Allornev Kirranc also mentions the abutting neighbors the Zannitos. have no problcnn with this proposal. Attorney Kirranc has also applied lir relief from the flood plane clue to Pcma being in the process ol'changing their maps to reflect the current plans. 'Phe driveway \011 he changed to the other side. The Board discusses variance rcheron the side where the garage is and questions whether 0r not the garage can be reduced so no variance is needed. ![Mr. Luff illlurols them that he already reduced it from it 3 car garage and shat moving it would aflect the rool'lincs and • the front door. Zclla lilizenberry asks what the ne1V llCnllrllie'allUn system really con::i:as ol'and that the 131uc Ribbon C•onunutee is very concerned with the critical level of