05/22/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 22, 2002 3 Board of Appeals Govoni said that the Building Commissioner would have to ensure that no water from the subject property would drain onto Mr. Pozerski's property. Mr. Borgeson said that he was confused and asked for clarification. He stated that: "Conservation Commission makes certain rules" and then "they go and violate their own setback requirements and then they come to us and ask for Variances". Mr. Sanicki explained that the subject property was created before the Conservation Commission adopted the newer rules, which affect this property. Mr. Govoni said that expansion of a I' pre-existing, non-conforming structure is allowed as long as the change is not substantially more detrimental than the existing non-conforming structure or use to the I, neighborhood. Mr. Regan moved to grant a Variance of 33 feet from the setback requirements to water and wetlands, subject to the following: ill findings/criteria 1, 2, 3, 4. " i • that construction of the addition must address placement of fill to ensure that ,I water will not be deposited on the abutting lots created as a result of fill shifting on the subject property. • Cape & Islands Engineering plan entitled `Plan of Proposed Addition Located in Mashpee, Ma.., Prepared for Dr. Christopher Salvo, Date: Apr. 1, 2002, I. File: I I7MA796CC, Revd: 4/19/02 Planting Added'. I'll Mr. Nelson seconded. All agreed. ' i ISI Donald B. & Evelyn G McIntyre—Request an Extension of Variance, V-01-65, a Variance from Section 174-33 of the Zoning By-laws to vary the setback requirements to I' J water and wetlands to allow for construction of a single-family home with a breezeway and attached garage on property located in an R-33 zoning district at 190 Waterway (Map 111 Parcel 95) Mashpee, MA. CONTINUED HEARINGS Donald B. & Evelyn G McIntyre—Request a Variance from the lot size requirements as required under Section 174-31 of the Zoning By-laws and that the Board determine that the property located in an R-3 zoning district at 184 Waterway is a separate and buildable lot. (Map 111 Parcel 94) Mashpee, MA. Continued from April 24, 2002 at l request of attorney due to schedule conflict. h Donald B. & Evelyn G McIntyre—Request a Variance from the lot size requirements as required under Section - - q q 174 31 of the Zoning By-laws and that the Board determine that the property located in an R-3 zoning district at 190 Waterway is a separate and buildable lot. (Map 111 Parcel 95) Mashpee, MA. Continued from April 24, 2002 at request of attorney due to schedule conflict. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. I i