04/26/1995 ZONING BOARD OF APPEALS Minutes

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• Board of Appeals Minutes - April 26, 1995 2. Gerald V. and Dorothy R. Boylan - Request a Variance from Section 174-31 of the Zoning By-laws to vary the front yard setback requirements in an R-3 zoning district on property located at 40 Alma Road (Map 111, Block 161) Mashpee, MA. Gerald V and Dorothy R. Boylan - Request a Special Permit under Section 174-17 of the Zoning By-laws to allow the construction of a 12' x 20' addition to a pre-existing non- conforming dwelling on property located in an R-3 zoning district at 40 Alma Road (Map 111, Block 161) Mashpee, MA. Members sitting: J. Regan, C. Hawver, K. Marsters Engineer John Slavinsky represented the applicants. He explained that this was a corner lot and the addition would result in a 20.1' setback from Uncle Percy's Road. Mr. Nelson asked what typical setbacks in the area were and suggested that surveyors indicate setbacks of adjacent homes. Mr. Slavinsky said standard setbacks in area were probably 25' although the earliest zoning was interpreted as a 20' front setback. Mr. Hauck said that technically he could issue a permit with 20' front setback and 7 1/2 ` side but he thought the area was too crowded and was, therefore, using a 25' front and 10' side setback as the standard. Mr. Slavinsky explained that a new Title V septic system was • being installed and the hardship involved unusual shape of lot, soil conditions and frontage on two streets. The lot coverage will be 19.8%. He questioned the 25' front setback and Mr. Hauck said this was arbitrary. Ms. Hawver suggested the Board grant a setback of 20.1'. Mr. Nelson reminded the Board that this figure meant 20.1' plus or minus. Ms. Hawver made the following findings: 1. that the topography and shape of lot created a hardship 2. the placement of the house and addition on the lot conformed to earliest zoning 3. there is no detriment to the public good. The upgrade of the septic system will be an improvement to the environment in the protection of ground water. 4. does not derogate from the intent of the by-laws. Ms. Hawver moved to grant the Variance to allow a setback of 20.1' +/- from Uncle Percy's Road referenced by plans of Cape & Islands Engineering dated March 8, 1995. Mr. Marsters seconded. All agreed. Ms. Hawver moved to grant the Special Permit to expand the non -conforming dwelling with a 12' x 20' addition. The house conforms to single family homes in the area and to lot coverage. Mr. Marsters seconded. All agreed. • Minutes - Mr. Regan moved to accept the Minutes of April 12, 1995. Ms. Hawver seconded. All agreed.