12/13/1995 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - December 13, 1995 2. 18 Engineer David Sanicki represented the applicant and presented plans fora 70' dock near the Town Landing at Pirate's Cove. Mr. Govoni read correspondence from the Shellfish Constable requesting float stops on the pier. Mr. Sanicki said that Conservation had also required the stops. Mr. Govoni requested that the plans be signed to indicate that the stops would be used. Mr. Nelson moved to grant the Special Permit per Plan #103195 File #423CC. Mr. Govoni seconded. All agreed. Mr. Nelson found that the dock would be accessory to an existing dwelling and that the use was in harmony with the intent of the By-laws. James W. Flanders - Requests a Special Permit under Section 174-17 of the Zoning By- laws for the reconstruction and expansion of a pre-existing non -conforming dwelling in an R-3 zoning district on property located at 10 Cross Street (Map 128, Block 16) Mashpee, MA. (Owner of record: Virginia B. Dolazza). Members sitting: E. Govoni, J. Regan, C. Hawver Engineer John Slavinsky represented the applicant and presented plans for the replacement of an existing home with a new home. He explained that the plans had been approved by Conservation and that the house has been setback 25' from Cross St. Phil Rothchild, the president of the owner's association reviewed the plans. Paul Dardano, a resident of Pine • Ave. stated concern that his view would be obstructed. Mr. Flanders stated that he had wanted to conform to zoning as much as possible and that the existing foundation was only cinderblock and he had been advised to rebuild. Mr. Slavinsky explained that zoning allowed 35' height. Walter Dardano, a resident, said that other houses which had been rebuilt were required to build within the original footprint. Mr. Govoni explained that stated that recent court cases had ruled that properties could be expanded if not detrimental to the neighborhood. Mr. Regan stated that the new structure was more conforming in setbacks. Mr. Govoni asked Mr. Flanders if it would be possible to move the house one foot to allow a setback of 10' from Pine St. and 13' from the adjoining lot. Mr. Flanders agreed to the relocation. Mr. Regan moved to grant the Special Permit. Mr. Govoni seconded and stated that while the proposed expansion would increase the non -conforming nature of the structure due to an increase in lot coverage the proposed changes will not be more detrimental to the neighborhood than the prior non -conforming structure and its use. Mr. Govoni stated that new pians should be submitted and the elevations of the structure included in the Decision. 0