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Mashpee Zoning Robert&Kathleen Gilmartin SP-99-103 2 <br /> Board of Appeals <br /> four-bedroom structure and replace it with a new four-bedroom home. A new Title V <br /> septic system has been installed. <br /> Mr. Regan read a letter from Peter F. Readel on behalf of his mother, Muriel F. <br /> Readel, owner of 22 Pine Avenue. Ms. Readel is not an abutter. The letter expressed <br /> concerns about"waterview" and septic system run-off. Mr. Readel claimed that an <br /> abutter,Mr. Dardano,would be the most adversely affected by the proposal. <br /> Attorney Kirrane said that"view" is not an appropriate Zoning consideration and <br /> that the proposed deck would not protrude or interfere with the installed septic system. <br /> Attorney Kirrane stated that the proposal does go outside the existing footprint, <br /> however,the Zoning By-law does not mandate that a change, alteration or expansion of a <br /> pre-existing, non-conforming structure has to remain within the footprint. Attorney <br /> Kirrane said that the Board's concerns are whether or not the proposal is more <br /> detrimental or is somehow a threat to public safety. <br /> The Board expressed concerns about the lot coverage and that the proposed <br /> construction would appear to be a three-story dwelling. <br /> The Board voted to continue the hearing until November 17, 1999 to allow the <br /> architect an opportunity to redraw the proposed construction and eliminate the third story. <br /> At the Public Hearings on November 17, 1999, Attorney Kevin Kirrane,Mr. <br /> Thomas J. O'Neill, architect for the project, and Mr. John Slavinsky, engineer for the <br /> project, represented the applicants. <br /> Attorney Kirrane submitted revised plans and stated that the lot coverage has been <br /> reduced from 31.3%to 29%. The full dormer and full floor with full windows have been <br /> revised to reflect a master bedroom with a cathedral ceiling. Mr. O'Neill said that the <br /> side view is less imposing and looks similar to any two-story colonial. <br /> Mr. Hauck stated that as long as the space above the second floor is no more than <br /> four feet in height,the applicant would meet the Zoning requirements. <br /> Attorney Kirrane stated that he is of the opinion that the Board can grant the <br /> Special Permit under Section 174-17 or Section 174-20 of the Zoning By-laws if it <br /> determines that the proposed construction is not more substantially detrimental than the <br /> existing building. The Board must also determine whether or not the proposal is a threat <br />