04/14/1999 ZONING BOARD OF APPEALS Decisions

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i rur Town o Mashpee � .,• •,.sy p BOARD OF APPEALS 16 Great JVeck �kqad Aorth SiAOE Irr' Decision for a Variance Mashpee, Massachusetts 02649 RE: Fred Glass V-99-24 133 Tide Run Map 120 Block 180 A Petition was filed on March 5, 1999 by Fred Glass of Jupiter, Florida for a Variance from Sections 174-31, 174-85 and 174-86.F. of the Zoning By-laws for permission to construct a new dwelling within the ACEC and to vary the front yard setback requirements on property located in an R-3 zoning district at 133 Tide Run (Map 120 Block 180) Mashpee, MA. (Owner of record: P & S Goldstein Family Trust). 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 March 26 and April 2, 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, April 14, 1999, at which time the following members of the Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson, Richard T. Guerrera and James M. Dorgan. 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. John Slavinsky of Cape & Islands Engineering represented the applicant. He stated that the Conservation Commission has continued their hearing regarding Mr. Glass's application until April 22, 1999. Mr. Slavinsky further stated that the entire subject lot is within the ACEC. Mr. Slavinsky referred to Section 174-31.6. of the Zoning By-laws which reads: "A dwelling need not be set back more than the average of the setbacks of dwellings on the lots adjacent to either side." Mr. Dorgan referred to Section 174-86.F. of the Zoning By-laws which reads: "The Board of Appeals shall consult the Conservation Commission in making its decision, and in no case shall the grant of relief be more than the minimum necessary to allow a reasonable use of the lot." Mr. Regan read a letter from Little Neck Bay Association in opposition to the proposed variance from the front setback requirements. The concerns include safety risks with turns in the road, on -street parking and difficult entrance and egress to and from the subject lot. Correspondence from abutters, Susanna Lannik and Mark Gorstein, expressed concern regarding the possible destruction of the vegetation and natural habitat between their lot and the subject lot. Mr. Regan suggested, in the spirit of cooperating