01/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 10, 2001 9 Board of Appeals Joseph P. Gardner, et al Trustees—Requests a Variance from Sections 174-47.B.8 and 174-33 of the Zoning By-laws for permission to vary the front setback requirements and setback requirements from water and wetlands to allow for construction of a single-family home on property located in an R-3 zoning district at 175 Surf Drive " (Map 102 Block 14)Mashpee, MA. Cont.from 12/13/00 to allow applicant opportunity ,40 to receive Conservation Commission approval. Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. F Mr. Edward L. Pesce, engineer, represented the Petition and stated that the ZBA granted a Variance on the subject property in 1995 to allow for construction of a single-family M` home. Mr. Gardner also attended the meeting. `r The Petitioner pulled a building permit in 1999, discovered that the Conservation Commission's order of conditions had expired and had to go through the permitting process again. The Conservation Commission has required revisions on the landscaping plan. Mr. Pesce said that the foundation has been laid and the house has been framed. Mr.Nelson remarked that the plan does not show the large deck that exists on the property. Mr. Pesce confirmed that the Conservation Commission has stopped work on the deck and it must be removed and relocated per Conservation's demands. Mr. Nelson said that the plan must show the exact figures in order for the ZBA to grant a Variance. 4, Mr. Pesce submitted the plan as approved by the Conservation Commission. No comments were received from abutters. Mr. Regan moved to grant the following: } • a Variance of 4.9 feet from the front setback requirements. r; • a Variance of 19.7 feet from the setback requirements to water and wetlands on the rear of the property. The Variance is subject to submission of a revised plan showing the proposed deck and k original findings of 1995 ZBA decision and that the Conservation Commission has r approved the project. Mr.Nelson seconded. All agreed. E World Gym of Cape Cod—Requests a Special Permit under Sections 174-25.B.11 and 174-25.H.6 of the Zoning By-laws to allow for mixed use of trade,professional and ._ ` educational to accommodate nutritional programs, fitness counseling, fitness training and aerobic instruction on property located within the Groundwater Protection District in an I-1 zoning district at 106 Falmouth Road(Map 54 Block 5)Mashpee,MA. Owner of record: Duck Pond Limited Partnership. Cont.from 10/11/00 to allow time for Town Counsel opinion. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson.