05/22/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 22, 2002 2 4 Board of Appeals weather. The shed would provide storage and work area and provide an area for propagation of the fish program. Mr. York submitted a copy of the plan signed by Little River Boatyard, an abutter. Mr. York said that he also contacted some of the other i abutters, William E. Burtis and Michael Scolavino, both of whom have no objection to the proposal. The Conservation Commission has approved the proposal. Mr. Govoni moved to grant a Variance of 15 feet from the setback requirements to Seconsett Island Road and a Variance of 6.5 feet from the setback requirements on the westerly boundary lot line. Mr. Regan seconded. All-agreed. I I it Mr. Brem questioned why the shed needed to be placed so close to the lot line. Mr. Yorke � said that he didn't want to block any of the abutters' view of the water. Mr. Brem said � I that"view" is not a legitimate reason for the Board to grant a Variance. Mr. Govoni stated that the subject property was created long before adoption of zoning. Mr. Regan agreed and said that the shape of the property and its proximity to water and wetlands creates a hardship. Mr. Nelson questioned the placement of the concrete bound and the fence. Mr. York said that Cape & Islands Engineering surveyed the subject property. Mr. Nelson expressed concern that the plan on which the Board is basing its decision is neither stamped nor signed by the engineer. Ii I I Mr. Govoni move to condition grant of the Variance on submission of a original stamped and signed engineered plan by the Petitioner to the ZBA office. Mr. Regan seconded. All agreed. Christopher J. & Ann J Salvo—Request a Variance from Section 174-33 of the Zoning By-laws to vary the setback requirements to water and wetlands to allow for a side j addition and a covered porch to the front of an existing dwelling on property located in an R-3 zoning district at 89 Whippoorwill Circle (Map 125 Parcel 153) Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. Mr. David Sanicki of Cape & Islands Engineering represented the Petitioner and stated that plans call for construction of the addition and porch, which would encroach on the setback requirements to water and wetlands. The Conservation Commission has approved the proposal. The Board of Health memo states that the dwelling must remain a 3-bedroom home. Mrs. Sheila Kraeuter and her husband, abutters at 92 Whippoorwill Circle, stated that they do not oppose the proposal. Mr. Edward Pozerski, an abutter at 83 Whippoorwill Circle, expressed concern with the fill shifting and carrying water onto hisp rop Y ert . Mr. i i