08/08/2001 ZONING BOARD OF APPEALS Minutes

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a Mashpee Zoning Minutes—August 8, 2001 3 Board of Appeals Michael D. Crowe—Requests a Variance from Sections 174-26.B.1, 174-31 and 174-32 of the Zoning By-laws for permission to vary the Building permit limits, to vary the land ` space, frontage and setback requirements to allow for construction of a single-family home on an unpaved road on property located in an R-3 zoningdistrict at 32 Popponesset Avenue (Map 70 Parcel 88) Mashpee, MA. Continued from 7/11/01 Public Hearings to allow for Conservation Commission approval. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. Mr. Crowe represented his Petition and went into a lengthy dissertation of the history of the subject lot and stated that the subject property is a protected, non-conforming lot. He submitted copies of a map showing the property and the abutting Town-owned lots. Mr. .n , Crowe said that because the subject"lot was created in 1914, the argument could be made that" construction could"be made right to the property line". He stated that the Building Commissioner has asked him to maintain a 30-foot front setback and 15-foot setbacks. However, the property is abutted by two streets, one of which is a paper road. Mr. Crowe is requesting relief in order to construct a home on the unpaved road. He a plans on bringing water to the subject lot. Mr. Crowe said that hardship exists because of wetlands and shape of the lot. The Conservation Commission has approved the proposal. The plans do not show setback figures. Mr. Crowe went out to his car and retrieved copies of the septic system plan that showed the exact figures. No comments were received from abutters. a Mr. Nelson moved to grant the following: • a Variance of 49.83 feet from the frontage requirements on Popponesset *`r Avenue. k a Variance of 7 feet from the front setback requirements on Popponesset Avenue. ` =' • a Variance of 24.6 feet from the front setback requirements on Mount Herman fs Street. The Variance is conditioned upon compliance with the following: • EAS Survey, Inc. plan dated 6/22/01. • that the Petitioner shall provide Town water to the subject property. • that the Petitioner shall extend the paving for 180 feet at a width of 20 feet, with the remainder of the distance down to the subject property being extended at a width of 14 feet. • that the Petitioner must maintain an overhead clearance of at least 13 feet to allow access of fire and emergency apparatus. � d C r