09/08/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee MASHPEE ZONING BOARD OF APPEALS 16 Great Seek &ad Xorth �Au��• Decision for a Variance Mashpee, Massachusetts 02649 RE: Robert T. &Nancy B. Farrelly V-99-71 31 Starboard Lane Map 118 Block 16 A Petition was filed on August 10, 1999 by Robert T. &Nancy B. Farrelly of Duxbury, Massachusetts for a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback from the water and the wetlands to allow for construction of a single-family home on property located in an R-3 zoning district at 31 Starboard Lane (Map 118 Block 16)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 August 20 and August 27, 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, September 8, 1999, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G.Nelson. This Decision is issued by the Mashpee Zoning Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Attorney Dan Creedon and Engineer John Kuchinsky represented the applicants. Building Commissioner, William F. Hauck rejected the initial proposal for an addition to the existing structure because the block foundation would not provide sufficient support. The applicant proposes to demolish the existing structure, replace the foundation and construct a new dwelling within the same footprint. The Conservation Commission has approved the project. Mr. Govoni questioned a discrepancy between the architect's rendering and the engineer's plan. The Board voted to continue the hearing until October 13, 1999 to allow the applicant an opportunity to resolve this issue. �At the Public Hearings on October 13, 1999, Attorney Dan Creedon represented the applicants and submitted revised plans. He stated that the architectural and engineered plans are now in agreement. The 9x6-foot entrance deck has been eliminated and replaced with steps. Mr. Hauck stated that a Special Permit is not needed for demolition of the existing structure, which is considered to be a conforming structure due to the fact that it is in the Popponesset Overlay district.