07/13/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 4 July 13, 2005 town water and have his septic system inspected if he is to increase the square footage of the property, which he will be doing. He is aware of all of this and will comply with the Board of Health's comments. There are no comments from any abutters for this project. Evano Cunha moves to grant a 15 foot variance on the easterly side. Marshall Brem seconds the motion. All agree. So moved. Evano Cunha moves to grant the special permit. Marshall Brem seconds the motion. All agree. So moved. Reference plans from Eagle Surveying, Inc. of Yarmouth, MA, dated June 13, 2005. Barbara Notarius: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from setback requirements, height requirements and landspace requirements in order to build a single family dwelling on property located in an R-5 zoning district at 9 Horseshoe Bend Way (Map 48 Parcel 14) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Evano Cunha and Jonathan Furbush. Petitioner is represented by Attorney Kevin Kirrane of Duning and Kirrane. They are seeking variance relief which was previously granted in 1990, in order to build a new dwelling on said property. This property is greatly impacted by the wetland resource area and has greatly varied topography which makes the zoning difficult to comply with. The • parcel has 1.05 acres and more than 200 feet of frontage. Mashpee Conservation has approved the proposed four bedroom dwelling in the northwest corner due to the existence of wetland areas and the aforementioned topography problems. Applicant is seeking relief from the required lot size which is currently 80,000 square feet in the R-5 zoning area and relief from the 25 foot setback requirements on the side/rear boundary line abutting conservation land as well as the front setback from Horseshoe Bend Way. Conservation requires the house be setback 50 feet from the wetland areas and therefore that severely limits the area available for development of a home. Applicant feels this home would increase the values of other homes and improve the area. Although the square footage of the home appears to be large, it is mainly due to the basement being finished. The height from the rear of the dwelling appears to make the home quite large however, the height of the basement is required for structural purposes and would be there even if they did not finish the basement. Comments in opposition include the following abutters: Carolyn Matzkin and Laura McMahon owners of 1487 Sandwich Road, Falmouth. Submitted a letter saying the house is out of character for the neighborhood and wants the buffers preserved. William and Carole Kurker, , 2 Horseshoe Bend Way feel the house is not in keeping with the neighborhood and oppose the variance request. Abutters in support of the application are as follows: Dorene Lawrence 45 Horseshoe Bend Way feels this would be an improvement to the neighborhood. Bob Silva of 86 Horseshoe Bend Way is in support of the dwelling being built: Tom Smith of 15 Horseshoe Bend Way is in support of the dwelling being built. After discussion between the Board and Attorney Kirrane the board voted 4-1 to grant the following: Marshall Brem voted to deny the variance.