11/17/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee i 3 N� MASHPEE ZONING BOARD OF APPEALS 16 Great JVeck Xoad Xorth ��• Decision for Modification to a Mashpee, Massachusetts 02649 Variance and a Special Permit RE: John C. & Sandra S. Hessler V-99-29 & SP-99-30 84 Punkhom Point Map 100 Block 5 Petitions were filed on March 11, 1999 by John C. & Sandra S. Hessler of Newton, Massachusetts for a Variance from Section 174-32 of the Zoning By-laws for permission to construct a single-family home on an unpaved road and for a Special Permit under Section 174-20 of the Zoning By-laws for permission to demolish an existing non-conforming dwelling and to construct a new dwelling on property located in an R-3 zoning district at 84 Punkhorn Point Road (Map 100 Block 5)Mashpee, MA. The Zoning Board of Appeals voted unanimously on April 28, 1999 to grant a Variance to allow the applicants to construct a new home on an unpaved road. The Board also granted a Special Permit to allow the applicants to demolish an existing dwelling and to construct a new home on the subject property. Two of the conditions of the Variance and the Special Permit required the installation of an NFPA 13-D sprinkler system inside the residence and that the road shall be graded and widened to 16 feet from the westerly property line for a distance of 200 feet along the road. At the Public Hearings on November 17, 1999, Mrs. Hessler represented her request for a Modification to the Variance and Special Permit. She informed the Board that an indoor sprinkler would cost over $10,000 and that it does not appeal to her from an aesthetic point of view. She also stated that the distance from the paved road to the driveway is approximately 20 feet. Upon motion duly made and seconded,the Zoning Board of Appeals voted on November 17, 1999 to Modify the petitions for a Variance and a Special Permit by striking any reference requiring the installation of an indoor sprinkler system. This Modification is granted pursuant to Chapter 40A, section 3,paragraph 2, first sentence, which reads: "No zoning ordinance or bylaw shall regulate or restrict the interior area of a single family residential building...; provided, however,that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements". IN FAVOR: — ames E. Regan III IN FAVOR: �� Robert G.Nelson IN FAVOR: S C O W L- O.V44rd T. Guerrera A 13 iS Nk1i0..1. ldHS W �0 NIA01