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Mashpee Zoning <br />Board of Appeals Minutes <br />3 May 25, 2005 <br />• time of the development of the lot the bylaws set up in the 1990's were not implemented <br />It is suggested that the by-laws applicable at the time of the initial construction be the <br />rules applied in this instance thus putting the square footage of the lot at 16,118 square <br />feet. There has been an order of conditions issued by conservation for this plan and the <br />Board of Health has also signed off on it. There will also be a new denitrification system <br />put in which is a significant improvement to the area. The Board reviews all of the plans <br />and testimony Mr. Kirrane has just given them. Some of the Board members are not <br />happy with the requested variance to the wetlands. Mr. Nelson asks the audience for <br />comments. Sheila Kaeuter of 92 Whipporwill Circle addresses the board. She is very <br />concerned with the tidal water that comes up so close as it is now never mind with the <br />large addition that is planned. She believes it will be more detrimental to the area and <br />feels that the other houses are not this large. Mr. Kirrane mentions that there is a large <br />retaining wall that the Conservation Commission was happy was there to protect the <br />property. Their plan is to line up the garage with the retaining wall. Mr. Cunha has some <br />concerns about the distance to the wetlands as well. After much debate back and forth <br />the Mr. Nelson asks them if they are ready to make a motion. The Board feels that if the <br />applicant modified the deck so that no portion of the structure would be any closer than <br />what currently exists now would be acceptable to them. They agree and <br />Evano Cunha moves to grant the Special Permit with those conditions. Robert Nelson <br />seconds the motion. Jonathan Furbush votes in favor. Eric Dublirer votes against the <br />matter. Zella Elizenberry votes in favor. The motion carries. So moved. Reference <br />plans from The Phoenix Group of New Seabury, MA, dated February 1, 2004, revised <br />• February 13, 2004, revised May 25, 2004, revised May 18, 2005, <br />John DeLeon: Requests a Special Permit from Section 174-45.4 of the Zoning By-laws <br />in order to build an accessory apartment on property located in an R-5 zoning district at <br />95 Shorewood Drive (Map 58 Parcel 64) Mashpee, MA. <br />John DeLeon: Requests a Variance from Section 174-31 from the Zoning By-laws to <br />seek relief from the setback requirements to build a 22' x 24' garage with an accessory <br />apartment above it on property located in an R-5 zoning district at 95 Shorewood Drive <br />(Map 58 Parcel 64) Mashpee, MA. <br />Sitting: Robert Nelson, Zella Elizenberry, Jonathan Furbush, Evano Cunha and James <br />Reiffarth. <br />Mr. DeLeon represents himself at this hearing. He is seeking variance relief from the <br />setback requirements in order to build a garage and a special permit for an accessory <br />apartment. The Board reviews the plans and it appears that the parking has been <br />addressed as well as the lot coverage remains under 20%. His frontage is short and the <br />sideyard cannot maintain 25 feet without variance relief. The Board finds this to be a <br />reasonable request and Jonathan Furbush moves to grant the special permit. Evano Cunha <br />seconds the motion. All agree. So moved. Jonathan Furbush moves to grant the <br />following variances: <br />0 <br />✓ a 44.55 foot frontage variance <br />