07/28/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning ,k Board of Appeals Minutes July 28, 2004 2 located in an R-3 zoning district at 99 Monomoscoy Road West (Map 120 Parcels 45 and 46) Mashpee, MA. Sitting: James Regan, Marshall Brem, Richard Guerrera and Robert Nelson. Attorney Robert Mills represents the applicant at this hearing. This matter has been approved by Conservation and all previous issues have been cleared up. The dock will be. 68 feet from MHW and does not heed a variance. Mr. Mills and the Board review the plans. The lot is presently vacant and this special permit will be subject to substantial commencement of construction of a new dwelling on said property. Marshall Brem moves to grant the special permit. Richard Guerrera seconds the motion. All agree. So moved. Plans referenced are from Cape & Islands Engineering, dated October 23, 2003 as prepared for Paul O'Connell. 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: Robert Nelson, Marshall Brem, Richard Guerrera and James Regan. John Slavinsky of Cape &Islands Engineering along with Attorney Rob Mills represents the applicant at this continued hearing. This matter was continued from the June 23, 2004 hearing to determine where the curb cuts would be allowed from the DPW and to discuss this matter with Town Counsel. Mr. Slavinsky has the curb cut permit from DPW and has made the changes to the driveway that Mr. Brem and the Board were concerned with. Mr. Slavinsky tells the board that originally the applicant did not need a variance to build because the water district had agreed to move the water main that was on their lot. The water district decided not to move the water main and instead asked the applicant to put the septic system further away from the water main. In so doing, this has now pushed them into the ACEC area thus the reason for the variance requests. After further review of plans and questions back and forth from the board members, the driveway issue that was a dangerous situation if pulling out onto Great Oak Road being taken care of, the Board generally feels that the variances could be granted. Mr. Nelson points out that on lot 403 Great Oak Road, he would like to see the deck being proposed to be reduced so that it stays out of the zone completely. Mr. Slavinsky agrees that no excavation will be done in the ACEC on that lot and signs the plans accordingly. Mr. Nelson makes a motion to grant a 20-foot variance to the ACEC on lot 397 Great Oak Road and a 25-foot variance on 403 Great Oak Road to the ACEC (along with written comments on plans). Marshall Brem seconds both motions. All agree. So moved. Reference plans from Cape & Islands Engineering, dated February 26, 2004, revised