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Board of Appeals Minutes - September 23, 1998 4. Mr. Slavinsky remarked that nitrogen lowering is based on the area of the lot, not the frontage and, further, the Cape Cod Commission standard for a three-bedroom house is one acre of land. Mr. Govoni moved to take the application under advisement. Mr. Nelson seconded. All agreed. Richard T. Henshall -Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the frontage setback and lot coverage requirements on property located in an R-3 zoning district at 24 Captains Row(Map 90 Block 54)Mashpee, MA, Richard T. Henshall -Requests a Special Permit under Section 174-20 of the Zoning By- laws for permission to demolish an existing structure and construct a single family dwelling on property located in an R-3 zoning district at 24 Captains Row(Map 90 Block 54)Mashpee,MA. Members sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. David Sanicki of Cape& Islands Engineering represented the applicant stating that the proposed front and side setbacks of the new construction will not be any closer to the pavement than the existing house. The cesspool will be removed and a Title V septic system will be installed. He further stated that there are conservation, wetlands, flood plains, coastal bank and topographic considerations. The lot includes an eighteen-foot drop in elevation from one side of the lot to the other. Conservation Commission has approved the project, subject to Zoning Board of Appeals' approval. Mr. Sanicki said that the request for a 1.6% lot coverage variance includes the new house, porch and the deck. The following details were fisted by Mr. Sanicki: • the new structure will be no closer to the lot lines than the existing structure. • the existing structure has been there for 30 years. • the new structure will not be any more detrimental to the neighborhood. • there are coastal and topographic considerations that necessitate the variance. • the installation of a Title V septic system will be an environmental improvement. No comments were received from abutters. Mr. Nelson moved to grant the Variance frontage setback of 18 feet and lot coverage of 1.6%, subject to criteria 1-4 and findings 1,2 (property fronts on a river and is impacted by wetlands) and 3 (without relief the lot could not be used for a residence). Mr. Govoni seconded. All agreed.