08/23/2000 ZONING BOARD OF APPEALS Minutes

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411!' Mashpee Zoning Minutes—August 23, 2000 8 Board of Appeals David Sanicki of Cape & Islands Engineering and Architect Anthony Ferragamo ^� r represented the Petition. Mr. Sanicki submitted photos of the existing dwelling and stated that a portion of the proposed deck would be 44 feet away from the water and a 4 wetlands. The proposed house would be 55 feet from the water and wetlands and would A, meet the other setback requirements. Mr. Ferragamo confirmed that the septic system issues dictate the location of the proposed construction. An The Conservation Commission has approved the project. lip. No comments were received from abutters. " Mr. Regan moved to grant a Variance of 6 feet from the water and wetlands, subject to l�pl"' criteria 1, 2, 3, 4 and findings 1, 2, 3. Mr.Nelson seconded. All agreed. ,I ,e Mr. Regan moved to grant the Special Permit. Mr. Nelson seconded. All agreed. 'anauy'1�'1� Steven C. & Patricia M. Bell—Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front setback requirement to allow for construction of a new single-family home on property located in an R-3 zoning district at 45 Popponesset Island Road (Map 106 Block 14) Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. . Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and stated that the proposed house would have a 30-foot setback to the lot line. The proposed porch would encroach closer to the lot line than the 30-foot setback. The Conservation , Commission has issued an order of conditions and has required replanting of the wetland vegetation. p ,9+HIU• Mr. Jim Sandler, owner of 44 Popponesset Island Road, attended the meeting along with his parents who occupy the home. Mr. Sandler stated that some of the homes in the area have been torn down and replaced with"gargantuan houses that crowd out,not only the land, they crowd the spirit of the Island" and that it is now a crowded place. Mr. Sandler said that zoning requires a 40-foot setback and that the proposed porch 'j� would be within 24 feet of the property line and would be directly across from the driveway of the home that he owns. He also questioned Conservation issues that affect the subject lot. . Mr. Govoni confirmed that the Conservation Commission has approved the project and that a denitrification system is proposed. Building Inspector Russell W. Wheeler said that the setback to the street was increased to 40 feet in 1985. Mr. Govoni said that the "� I subject lot was created in the 1950's and pre-dates the zoning by-laws and is protected Ii under grandfathering. oPp ",6 plmcllu _�!.io ...1151