02/10/1999 ZONING BOARD OF APPEALS Decisions

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Town ofMashpee BOARD OF APPEALS 16 Great JVeck T(pad AnT ABU Decision for a Special Permit Mashpee, Massachusetts 02649 RE: Gary & Zaida G. Vitale SP-99-12 43 Santuit Lane Map 30 Block 5 A Petition was filed on December 29, 1998 by Gary & Zaida G. Vitale for a Special Permit under Section 174-17 of the Zoning By-laws for permission to construct on a pre-existing, non-conforming lot and under Section 174-20 of the Zoning By-laws for permission to demolish an existing house and shed and construct a new home on property located in an R-5 zoning district at 43 Santuit Lane (Map 30 Block 5), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 22 and January 29, 1999, a copy of which is attached hereto and made a part hereof A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, February 10, 1999, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Richard T. Guerrera. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Mi. John Slavinsky of Cape & Islands Engineering represented the applicant and submitted a subdivision plan dated 1955, prior to zoning. He stated that Mr. Vitale proposes to rebuild the house with the same square footage as the existing structures. Mr. Vitale plans to remove the 180-square foot shed, which is on the lot line, and incorporate the 180 square feet into the new footprint of the house and garage. The carport, which is currently 13 feet from the lot line, will also be demolished and two trees will be removed. The new garage will be 10 feet from the lot line. The existing lot coverage is 23.3% and will only be increased by .3%to 23.6%. Mi. Slavinsky stated that an added benefit of this project is the production of significantly less effluent. The Conservation Commission has approved the project. Mr. Govoni read letters from an abutter, Norman 1. Harway, in opposition to the project. Mr. Harway's concerns relate to the potential noise and fumes of the proposed garage and removal of the two trees. The Board secretary had several phone conversations with Mr. Harway and faxed the application,plans and copies of the Zoning By-laws to him. The Board secretary also gave Mr. Harway the phone number of Cape & Islands Engineering so that he could contact them for firrther details of the project.