08/25/1999 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes—August 25, 1999 2 Findings: 1. the applicant bought the subject property with an existing deck. 2. no abutters have objected to the Variance. 3. the deck will be a legal construction after the applicant receives approval from the Building Department. Mr. Guerrera seconded. All agreed. John Reardon—Requests a Variance from Section 174-32 of the Zoning By-laws for permission to construct a single-family dwelling on an unpaved road on property located in an R-3 zoning district at 24 Daniels Island Road(Map 111 Block 23) Mashpee,MA. John Reardon—Requests a Variance from Section 174-32 of the Zoning By-laws for permission to construct a single-family dwelling on an unpaved road on property located in an R-3 zoning district at 10 Wading Place Road(Map 111 Block 25 and Map 111 Block 26)Mashpee,MA. Sitting: Edward M. Govoni, Richard T. Guerrera and Zella E. Elizenberry. Attorney Dan Creedon represented the applicant. Mr. Reardon also attended the meeting. Attorney Creedon stated that the Conservation Commission has approved the proposals. The Board of Appeals received correspondence from the Conservation Commission approving the proposals. Attorney Creedon stated that in 1993,Attorney Mark Gildea sought the same relief as is being sought by the applicant. The proposal was to construct a Way along Lot#22 (as shown on the Assessor's map). In 1993 the owner was seeking to have approval for the development of the three-lot subdivision and for construction of the Way. Due to the proximity of the Way and the lots to the vernal pool area, the Conservation Commission required that the Way shall not be paved and shall be sloped away from the vernal pool area and shall be constructed of a permeable material. The Conservation Commission did not have to grant any variances from the setback requirements. The Way is constructed of native stone. Attorney Creedon submitted a copy of the new Order of Conditions from the Conservation Commission. The Board of Appeals did grant Variances for the three lots in 1993. Attorney Creedon further stated that, other than requiring a Variance from Section 174-32 (fire access), the lots do comply with buildability from a zoning and conservation aspect. Daniels Island Road was a paved road that has not been maintained and is now overgrown with weeds and vegetation. Wading Place Road is paved.