03/10/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee BOARD OF APPEALS 16 Great JVeck load Xonh Mashpee, Massachusetts 02649 Decision for a Variance RE: Terry Luff V-99-23 152 & 156 Algonquin Avenue Map 65 Block 41A & Map 65 Block 40A A Petition was filed on February 12, 1999 by Terry Luff of Osterville, Massachusetts for a Variance from Section 174-31 and from Section 174-33 of the Zoning By-laws for permission to vary the front setback requirements and to vary the setback requirements from the wetlands on property located in an R-3 zoning district at 152 and 156 Algonquin Avenue (Map 65 Block 41A and Map 65 Block 40A), Mashpee, MA. (Owner of record: Henry C. Labute, c/o Cape Cod Bank & Trust, Hyannis, 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 February 19 and February 26, 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, March 10, 1999, at which time the following members of the Board of Appeals were present and acting throughout: James E. Regan, James M. Dorgan 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 10 and the Town of Mashpee Zoning By-laws. Mr. David Sanicki of Cape & Islands Engineering represented the applicant, Mr. Terry Luff, who also attended the meeting. Mr. Sanicki said that the applicant proposes to combine the two parcels into one building lot. He also stated that the subject lots pose some difficulties due to the topography, shape of the lots, and their close proximity to the wetlands. The Conservation Commission has continued the applicant's hearing until March 18, 1999. The Board of Health has approved the proposed installation of a denitrification system. Mr. Govoni read a letter from an abutter, Ms. Carla Meskill, who lives in New York. She expressed concerns regarding the location of the proposed septic system, erosion of the abutting wetlands and the migration path, egg -laying and hatching home of the Giant Snapping Turtles of Martha's Pond. Mr. Sanicki submitted a letter from Ms. Meskill to the Conservation Commission that stated she had resolved her concerns about the project with Mr. Luff.