05/12/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 May 12, 2004 Wheeler. Mr. Mark White of 425 Monomoscoy Road is here tonight and concerned regarding the proposed property. He is concerned about the requested variance and the height of the retaining wall among other things. His counsel is not present tonight and asks for come clarification regarding Mr. Kirrane's suggestion of withdrawing the variance request. Would is be possible to reduce the wall height? Should the large retaining wall and/or patio that they are calling it be added into the lot coverage. Mr. Kirrane makes a strong comment that a patio is not considered a structure and according to the bylaws should not be counted toward lot coverage. Mr. Regan would like to see elevation plans and the Board in general is not happy with this plan. Mr. Kirrane asks to withdraw the variance petition—the Board signs the withdrawal. It is decided that the Board would like to see additional plans showing more specific elevation and reduce the retaining wall —it is continued until June 9t". All agree. So moved. Howard Glaser: Requests a Variance under Sections 174-33 and 174-85 of the Zoning By-laws to vary the distance to the wetlands requirement and vary the distance to the ACEC in order to build a 3-bedroom house on property located in an R-3 zoning district at 397 Great Oak Road (Map 126 Parcel 49) Mashpee, MA. Howard Glaser: Requests a Variance under Sections 174-33 and 174-85 of the Zoning By-laws to vary the distance to the wetlands requirement and vary the distance to the ACEC in order to build a 3-bedroom house on property located in an R-3 zoning district at 403 Great Oak Road (Map 126 Parcel 48) Mashpee, MA. Sitting: Zella Elizenberry, James Regan and Robert Nelson. John Slavinsky of Cape & Islands Engineering represents the petitioner at this hearing. He is seeking a variance on two lots both from the wetlands and from the ACEC in order to build a 3-bedroom house on 397 Great Oak Road and a 37bedroom house on 403 Great Oak Road. Mr. Slavinsky gives some history to the Board regarding the lots. They are part of the Little Bay subdivision and are in a cluster zone, which protects them in perpetuity due to the cluster. The ACEC or area of critical concern must maintain a 50- foot setback. The pavement on Great Oak Road is 50% on his lot. If they had to adhere to this ACEC requirement, then the septic system would encroach on the ACEC. If applicant were to be required to replace the watermain it would cost over $200,000 and is not feasible. The BV W is 84 feet from the work limit. When the Board asked Mr. Russ Wheeler his thoughts on this matter, he felt there was a lot more research to be done. The topography determines the ACEC, and the BV W determines the soil and shape of the lot. After some discussion between the Board members and Mr. Slavinsky, Mr. Wheeler is asked to obtain an opinion from Town Counsel. Zella Elizenberry moves to continue this matter until June 9, 2004. Robert Nelson seconds the motion. All agree. So moved. Leon Pinsonneault: Request a Variance under Section 174-33 of the Zoning By-Laws to vary the distance to the wetlands requirement in order to rebuild a new structure and accessory structure on property located in an R-5 zoning district at 7 Cranberry Avenue (Map 49 Parcel 134) Mashpee, MA. Owner of Record: Phillip M., Sandra& Morris Rothstein, Trustees of K&R Realty Trust