01/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 10, 2001 5 Board of Appeals Jeffrey P. &Diane C Keohane—Request a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback requirements to water and wetlands to allow for construction of a single-family home on property located in an R-3 zoning district at 6 Cross Tree Way(Map 112 Block 20)Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. Mr. David Sanicki of Cape & Islands Engineering represented the Petition and stated that the cesspool would be replaced with the installation of a new de-nitrification system that would be located further away from the water and wetlands. The new home would be t located further away from the side setback requirements. Mr. Wheeler confirmed that, according to recent Town Counsel opinion, any lot existing before 1989 does not need ZBA approval under Section 174-33 for permission to ation encroach upon the setback requirements to water and wetlands. The Consery f#f Commission has jurisdiction on this matter and has approved the project. i.y No comments were received from abutters. Mr. Regan moved to grant the Special Permit, subject to findings 1, 3, 4, 5, 6, that the cesspool shall be removed and replaced with a new de-nitrification system that will be located further away from the wetlands, the construction will be further away from the side setback requirements and would be an improvement to the property. Mr. Nelson seconded. All agreed. Mr. Sanicki requested a Withdrawal of the Petition for a Variance. Mr. Nelson moved to accept the Withdrawal. Mr. Regan seconded. All agreed. William H. &Helen L McLatchy, Jr —Request a Special Permit under Section 174-17 va of the Zoning By-laws to allow for removal of a block foundation and installation of a poured concrete foundation within the same footprint to a pre-existing, non-conforming home on property located in an R-3 zoning district at 63 Riverside Road(Map 120 Block 1) Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. Mr. David Sanicki of Cape & Islands Engineering represented the Petition and stated that the builder suggested a seven-foot, non-inhabitable space beneath the construction. The +: Decision for a Special Permit, SP-00-185, limited the elevation of the house to only two feet. Mr. Sanicki is now requesting that the Decision should reflect only that the house shall be elevated in accordance with flood hazards and height restrictions of the Zoning By-laws. �r Mr. Regan moved to strike the above-referenced sentence from the Special Permit, SP-00-185. Mr. Govoni seconded. All agreed.