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Mashpee Zoning Minutes <br /> —October Z7, 1999 <br /> Board of Appeals 7 <br /> Mr. John Slavinsky represented the <br /> P applicants and stated that the •ro ect is within. <br /> feet of the flood zone and re uir P � l oo <br /> requires Conservation Commission a roval. The t <br /> Conservation Commission has a PP <br /> approved the proposal. The 1Mlash ee Zoning B -1 <br /> allow for smaller lots in cluster subdivisions, P g yaws <br /> but increase the rear and setback <br /> y ack <br /> requirements. The pool will encroach on the 20-foot re <br /> ar setback requirement by 9 feet, <br /> Mr. Slavinsky said that the I 1 feet abuts an open space area,not a house lot. <br /> Mr, Michael Faulkner re <br /> presented an abutter, Fred Greene, who lives in <br /> Western <br /> Massachusetts. Mr. Greene <br /> ex ressed opposition "- <br /> P to the protect because of otenti <br /> obtrusive noise violation. Mr. Faulkner looked at the plans and questioned f : <br /> fencing is proposed. <br /> q what sort of <br /> P P <br /> miry <br /> Mr. Slavinsky said that high bush blueberry, <br /> and a cabana would dampen <br /> noise levels. He said that the pool would be . <br /> P I� feet from the house. Mr. Faulkner <br /> Indicated that Mr. Greene might not have avegetation, . <br /> problem if a c " <br /> fenc in are proposed. cabana and solid <br /> g p posed. Mr. Faulkner withdrew Mr. Greene's objection <br /> bjection to the proposal. <br /> Mr. Nelson agreed that the applicant has t ° <br /> PP taken reasonable precautions to lower the <br /> of noise with the proposed cab level <br /> P P cabana, shrubbery and fencing. r <br /> Mr. Cruerrera moved to grant a Variance of 9 feet from the rear setback requirements, <br /> subject to findings 1,2 and fan revision q <br /> P date 811199. Ms. Elizenbe seconded. All <br /> agreed. <br /> `Y <br /> Jose h M. Biknaitis--Requests a Variance from ' <br /> Sections 174-31, 174-3 2 and 174-3 3 <br /> of the Zoning By-laws for permission to va <br /> ry the front setback requirements,to varv �the setback from the water and the wetlands and <br /> to vary fire protection access to allow <br /> for construction of a single-family home <br /> g y me on an unpaved road on property <br /> district located in <br /> an R-3 zoning t at 31 Amy Brown Road(Map 109 Block <br /> )Ma shpee, MA. <br /> (Owner 5 of record: Joseph M. Biknaitis and V e • <br /> yt nI5 BlchneVlCluS). <br /> Sitting. James E. Regan III, Robert G.Nelson and <br /> Richard T. Guerrera. Mr.Regan . <br /> returned to the room and announced that this i g A <br /> s a Chapter I I2 Hearing, <br /> Mr. John Slavinsky of Cape � Islands En . <br /> P glneering represented the applicant and stated �E: <br /> that it P o e coast has been"determined that the to f the al bank is irrelevant to the So-foot <br /> setback„because it is not considered wetland. Mr. Hauck ''''•confirmed that the So-foot <br /> setback goes to water or wetlands. The Conservation Commission on has granted a <br /> V mmissl ;. <br /> Variance of ten feet to the top of the coastal bank which all y <br /> ows for 4o feet to the work <br /> limit. Mr. Slavinsky said that the severe to ��'' <br /> topography a phy and narrowness of the lot does not <br /> allow for construction of the proposed two-bedroom I' <br /> P P home in a location to maintain the - <br /> 50-foot buffer zone as normally required b the Conservation <br /> q Y ion Commission. Mr. , <br /> Slavinsky said that the proposed construction meets the sideline •setback requirements. <br /> He stated that the construction is 27 feet to the middle of <br /> Amy Brown Road. , � <br /> :T; <br /> 4' <br /> �i! <br />