12/10/2008 ZONING BOARD OF APPEALS Minutes

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lown of Alashpec 16 Great Xeck Poocl_North Mashpee, 1Uassach,usetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Hoopers Landing One, LLC 7 Popponesset Island Road Map 105 Parcel 261 V-08-52 A Petition was filed on November 7, 2008 for a Variance from Section 174-31 of the Zoning By-laws to vary the current setback requirements and landspace requirements on property located in an R-3 zoning district at 7 Popponesset Island Road (Map 105 Block 261) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation on November 14, 2008 and November 21, 2008, a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 10, 2008 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Attorney Theodore Schilling represents the applicant for the request of a raze and replace on this property. The present dwelling is a pre-existing non-conforming structure whereby the applicant is seeking to demolish the house and re-build a new dwelling. The proposed house is not more non-conforming however does require variance relief from the Board in several areas. Additionally, there is an existing pool that sits only ten feet or so from the front yard lot line,however, was pre-existing and the applicant is not seeking any changes to this pool. There also exists 5 driveways which will be reduced to 2 driveways. There is also a fence that sits on Popponesset Island Road and that will be