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c` Board of Appeals Minutes - August 23, 1995 2. <br />Mr. Nelson noted that there were only 15 square feet of wetlands and suggested that <br />Conservation be given additional lands in exchange for the 15 square feet. Mr. Pesce said <br />he could not negotiate with the Conservation Commission. Mr. Nelson noted that their <br />were other vacant lots in the area that could be governed by the setbacks approved for this <br />lot. There was discussion that the Conservation Commission prefers as much distance <br />from wetlands as possible. <br />Mr. Govoni stated that if they had a legitimate Order of Conditions they did not need to be <br />at the Board of Appeals. He said he would approve a 25' setback. Mr. Marsters <br />questioned the flagging and said that the Board has to protect the zoning and he did not <br />approve going to 24'. <br />Mr. Pesce submitted lot coverage Sgures at 10% to the Board. <br />Mr. Marsters moved to grant a 5' Variance to Mr. and Mrs. Gardener to allow a 25' front <br />setback. Mr. Nelson seconded. All agreed. Mr. Govoni found that the topography of <br />the lot created a hardship. <br />Ruth A. & James A. Warner Jr. TRS. - Request a Special Permit under Sections 174-17 <br />and 174-20 of the Zoning By-laws for permission to replace a house damaged by fire with <br />a new house and garage and to relocate an existing cottage on property located in an R-3 <br />• zoning district at 71 Seconsett Island Road (Map 119, Block 104) Mashpee, MA. <br />Members sitting: E. Govoni, K. Marsters, R. Nelson <br />Mr. Harry Miller represented the applicants and reviewed the plans. The Board of Health <br />has approved the proposed new dwelling and a garage. The Board of Health has <br />restricted habitation to the new dwelling and stated that the garage cannot be used for <br />living space nor can the second existing cottage be tied in to the septic system. Janice <br />Strazzullo, an abutter, said that they had tried to see the building plans and had concerns <br />about the existing cottage. Mr. Miller said there were no plans to use it now. Mr. Miller <br />said the abutting neighbor has not connected to Town Water and the existing cottage <br />cannot be used until this is done. <br />Mr. Hauck noted that the owner has a pre-existing right to have two cottages on the <br />property. Mr. Strazzulo noted the planned increase in lot coverage to 26.2%. Mr. <br />Govoni noted that many of the houses in the area exceed 20% lot coverage. Mr. Hauck <br />said that the space in the cottage could be used but the owner could not create a dwelling <br />unit. Mr. Govoni noted that the abutters fee of $34.00 had not been paid and Mr. Miller <br />paid it. Mr. Govoni noted that the Board had not been informed of payment of taxes. Mr. <br />Nelson moved to take the application under advisement. Mr. Govoni seconded. All <br />agreed. <br />0 <br />