06/23/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes from Public Hearing on June 23, 2004 2 Seabury. He informed the Board that existing customers take priority over new construction, then based on demand, new construction plans are considered. Mr. Henchy • mentioned that developers for Northgate, Woods at Mashpee and Mashpee Commons are seeking approval through Masss Housing and are still pending at the state level totaling 700 units. Mr. Regan thanked Mr. Henchy for his imput and asked him to come back at any time. 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: James Regan, Robert Nelson and Marshall Brem. John-Slavinsky represents the petitioner at this hearing. They were before the Board 30 days ago and the Board wanted the Building Inspector to research these lots to see if there were buildable and what the situation was with the history of the lots. Mr. Wheeler submitted a memo with the previously attempted variances from other parties stating that in his opinion, there were two buildable lots. In addition to this Mr. Nelson discovers a discrepancy in the dates on the plans they are reviewing and Mr. Slavinsky says lie will look into that. Mr. Brem states that he is very concerned about driveways entering onto Great Oak Road due to the dangerous radius the road curves off at. The Board and Mr. Slavinsky discuss different areas where the driveway could be laid out. The pavement is also a problem, since it goes across the front part of the applicants property. Mr. Slavinsky also informs the Board that the Conservation Commission has approved the plans. He suggests a meeting with Greg Taylor of the DPW to discuss the driveway situation. After some discussion of the history of these proposals, Mr. Regan suggests this be discussed with Town Counsel as to the legal ramifications of the paved roadway being on Mr. Glaser's property. The Board gives a date of July 28 for a continuance. Marshall Brem makes a motion to continue the matter until July 28t". Robert Nelson seconds the motion. All agree. So moved. Jonathon Yohannan: Requests a Variance from Sections 174-33, 174-85 and 174-86 of the Zoning By-laws seeking relief from the distance to the wetlands requirement, and setback to ACEC requirement in order to build a 3-bedroom dwelling on property located in an R-3 zoning district at 304 Red brook Road (Map 109 Parcel 8) Mashpee, MA. Sitting: James Regan, Robert Nelson and Marshall Brem. David Sanicki of Cape & Islands Engineering represents the petitioner at this hearing. This property in questions is 1.59 acres and lays in the ACEC area. Mr. Sanicki has outlined a portion of the plans the Board is reviewing to show where his client could • build a house it no zoning relief was allowed. There would be a small triangle of available space not even large enough for a house. The current zoning requires there to be a 25' buffer from the ACEC area and 35' (at minimum) from the BV W. If