05/25/2005ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 May 25, 2005 • Sitting: Robert Nelson, Zella Elizenberry, Jonathan Furbush, Evano Cunha and Eric Dublirer. David Sanicki of Cape & Islands Engineering represents the applicant at this hearing. They are seeking to raze and replace the current dwelling on this property. They have also requested relief from the wetlands by law and the file department bylaw that requires the farthest point of the structure be no more than 150 feet from the pavement in the street for access by the fire trucks. The Board reviews the plans and asks about moving the house in a different direction. Mr. Sanicki informs them that moving it any other way would put the property in the flood zone which would require different construction and materials. The applicant is not seeking to push the house any further away from the fire access area than what currently exists now. The Board has no problem with that since it is not making it any more detrimental than what is there now. Zella Elizenberry moves to grant the special permit. Robert Nelson seconds the motion. All agree. So moved. Zella Elizenberry moves to grant the following: ✓ A 43.8 frontage variance ✓ 17 foot variance to the wetlands ✓ a 130 foot variance to the fire protection by law setback The permits are granted on compliance with plans from Cape & Islands Engineering, • dated Januaryl2, 2005, revised April 13, 2005 and revised May 10'2111 * 2005. Kenneth and Susan Konikowski: Request a Special Permit from Section 174-17 of the zoning by-laws in order to expand and alter a pre-existing, non -conforming structure on property located in an R-3 zoning district at 95 Whipporwill Circle (Map 125 Map 152) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Jonathan Furbush, Eric Dublirer and Evano Cunha. Attorney Kevin Kirrane of Dunning & Kirrane represents the petitioner at this hearing. They are seeking a special permit in order to alter a pre-existing non -conforming structure by enlarging the current living space and adding a 2 -car garage. Mr. Kirrane informs the board that this lot was created in 1970 and does not conform to zoning since it sits closer than the required 50 foot to the wetlands, has only 100 feet of frontage and contains a total of 18,950 square feet. The property has remained this way since the 1980's. The substantial renovation to this property is consistent with the upgrades to many homes in the immediate area. Today the lot area to mean high water exists at 16,118 square feet. The proposed dwelling of 2,946 square feet would put the 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