1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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• • • BOARD OF APPEALS MINUTES April 26, 1989 At 7:30 on Wednesday, April 26, 1989 the Board of Appeals held a meeting at the Mashpee Town Hall, Board members present and ac:t.irg throughout were: William Hanrahan, Richard Halpern, Cheryl Hawver, and Edward Govoni. Drew Realty Trust - (Owner of record: Robert F. and Emily C. Hayes) - Request a Variance under Sections 7.4 and 11C of the Zoning By-laws for permission to vary the front yard setback and lot coverage requirements and to build within the A.C.E. C. on property located in an R-3 Zoning District at 19 Tide Run (Map 126, Block4l) Mashpee, MA. Members Sitting: C. Hawver, W. Hanrahan and R. Halpern. Presented by Kevin Kirane. Mr. Kirane presented his remarks to the Board of Appeals in writing. The proposed setback would be 25feet from the street. In addition to that there is a variance request that it relates to the lot coverage requirement of the by-law which is 20%. The proposed lot coverage of the dwelling, decks and swimming pool proposed on the site would be approx- imatley 24% lot coverage. Kevin Kirane stated that the swimming pool does not constitute a structure under the Zoning by-law, while in fact it may constitute a structure under the state building code. Mr. Kirane suggested to the board to apply a literal interpretation of the by-law particularly the A.C.E.C. by-law, that this lot in effect would be rendered non buildable, because virtually the entire lot would be located in the A.C.E.C. area. And unlike any other provision in the Zoning by-law there is language under 11C which really invited the applicant to seek variance relief where a lot was previously buildable has been rendered non buildable by virtue of the adoption of this new zoning by-law. William Hanrahan read remarks submitted by Louise Behrman Vice - President of the Conservation Commission. One, the entire house is . : in an A.C.E.C. area, this is undesirable because of impacts on the bay. Two, the entire project is below the 11 foot flood hazard line, it is not advisable to fill this area with solid objects to displace flood waters. Three, the house is far to close to the edge of the wetland. Mr. Kirane did not know if the Conservation Commission saw the revised plans. There were no abutters present. Richard Halpern made a motion that they grant variance under the 7.4 front setback of 25 feet and a variance of lot coverage of 24.1% and also grant the variance to build within the A.C.E.C..