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Mashpee Zoning <br />Board of Appeals Minutes <br />3 May 11, 2005 <br />• ✓ the northerly side of the deck be cantilevered 2 feet moving it to 11.4 feet from <br />the sideyard thus requiring a 3.6 foot variance. <br />Marshall Bem seconds the motion. All agree. So moved. Reference plans from Sulliivan <br />Engineering, Inc. of Osterville, MA, dated September 21, 2004 and revised March 4, <br />2005, and architectural plans from Northside Design Associates of Yarmouthport, MA, <br />dated March 7, 2005. <br />Mary Gunning: Requests a Special Permit from Sections 174-17 and 174-20 of the <br />zoning by-laws in order to demolish and reconstruct a pre-existing non -conforming <br />structure on property located in an R-3 zoning district at 16 Rock Island Road (Map 128 <br />Parcel 22) Mashpee, MA. <br />Mary Gunning: Requests a Variance from Section 174-31 of the zoning by-laws to seek <br />relief from the setback requirements in order to reconstruct a single family dwelling on <br />property located in an R-3 zoning district at 16 Rock Island Road (Map 128 Parcel 22) <br />Mashpee, MA. <br />Sitting: Robert Nelson, Frederick Borgeson, Evano Cunha and Jonathan Furbush. (Zella <br />Elizenberry was previously sitting but was absent at this hearing.) <br />Mr.Nelson informs Mr. Rivera that one of the members that was present at the hearing on <br />• April 12, 2005 is absent tonight. He may proceed with 4 out of 5 members but they all <br />must vote in favor for the motion to carry. If he is willing to go with this, they may <br />proceed. Mr. Rivera says he will proceed. <br />Raul Lizardi-Rivera of Holmes and McGrath represents the applicant at this continued <br />hearing from April 12, 2005. They are seeking a special permit to raze and replace the <br />existing dwelling and a variance for setbacks and lot coverage. Mr. Rivera was <br />previously under the impression that this project was in the Popponesset Overlay District <br />and it is not. He continued the matter so he could recalculate his numbers. Mr. Nelson <br />informs him that it is not. He now has everything in order and mentions to the Board that <br />a similar situation to a previously granted special permit and variance to the McKinnon <br />matter was held several weeks ago. They are proposing a 2 -bedroom house with a new <br />septic system. Mr. Nelson mentions that since Town Counsel was asked to intervene on <br />the McKinnon matter, they will go ahead and use the same criteria for this case which <br />refers to allowing only the 6,000 square foot parcel to be used in the calculation of total <br />square footage of the lot and not the buffer parcel. They will also use the average setback <br />rule for the front setback. Therefore with this in mind the Board feels the same rights <br />should be afforded to this applicant. Frederick Borgeson moves to grant the following <br />variances: <br />A 4.5 foot variance on the southerly side <br />A 5.4 foot variance on the northerly side <br />A 34,000 landspace variance <br />• A 1.5% lot coverage variance <br />