04/12/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Kenneth Konikowski 2 Board of Appeals SP-05-49 lot coverage at 18% should the board take the definition of the lot size to mean high water. Should the Board that the lot size when it was created in 1970 the lot coverage would be 16%. Based upon the applications of amendments and by-laws adopted in the mid 1990's the lot coverage would be 33% due to the deduction of wetland resource areas as defined under State Law which would reduce the lot size to 9,014 square feet. At the time of the development of the lot the bylaws set up in the 1990's were not implemented. It is suggested that the by-laws applicable at the time of the initial construction be the rules applied in this instance thus putting the square footage of the lot at 16,118 square feet. There has been an order of conditions issued by conservation for this plan and the Board of Health has also signed off on it. There will also be a new denitrification system put in which is a significant improvement to the area. The Board reviews the plans and comes to the conclusion that the square footage of 16,118 is a reasonable argument.. Mr. Nelson asks the audience for comments. Sheila Kaeuter of 92 Whipporwill Circle addresses the board. She is very concerned with the tidal water that comes up so close as it is now never mind with the large addition that is plamled. She believes it will be more detrimental to the area and feels that the other houses are not this large. Mr. Kirrane mentions that there is a large retaining wall that the Conservation Commission was happy was there to protect the property. Their plan is to line up the garage with the retaining wall. Mr. Cunha has some concerns about the distance to the wetlands as well. After much debate back and forth the Mr. Nelson asks them if they are ready to make a motion. The Board feels that if the applicant modified the deck so that no portion of the structure would be any closer than what currently exists now would be acceptable to them. They agree and Evano Cun lia moves to grant the Special Permit with those conditions. Robert Nelson seconds the motion. Jonathan Furbush votes in favor. Eric Dubliler votes against the matter. Zella Elizenberry votes in favor. The motion carries. So moved. SPECIAL PERMIT CRITERIA Section 174-17 and 174-20 of the Mashpee Zoning By-laws and Massachusetts General Laws 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.