11/10/1999 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—November vember 10, 1999 g Board of Appeals Attorney Kirrane stated that he is of the opinion that the Board can grant the Special Permit under Section 174-17 or Section 174-2 � of the Zoning By-laws if it determines that the proposed construction is not more ,substantially detrimental than the existin building. The Board must also d g determine whether or not the proposal is a threat to public safety or welfare as required under Sect'. q ion 174-24.C.2 of the Zoning By-laws. AttorneyKirrane suggested ggested that none of those conditions exist with thisN�+� proposal. .. The current lot coverage is 26.4 g and the proposed lot coverage would be 31.3%. '`'' Attorney Kirrane said that because the lot is so s additional mall, the additional proposed lot coverage of 6%translates into an additional 250 square q feet. Mr. John Slavinsky confirmed that a new Title V septic system has been installed on the ' Gilmartin's property. Mr. Brem questioned if the existing' structure consists of three stories. Attorney Kirrane said that he understood that the architect met with •the Building Commissioner, who said that the proposal is not considered to be three stories. 'Mr. Hauck informed Attorney Kirrane that the proposal does show athree- y story building, Mashpee Zoning By-laws do '`"`: not permit the construction of a three-story building on the subject lot. AttorneyKirrane said that the height of the buildingis 35 feet and is allowed under the Zoning By-laws. g y of his mother, Muriel F. Readel Mr. Regan read a letter from Peter F. Readel on behalf ';�. owner of 22 Pine Avenue. Ms. Readel is not an a ''�� �� butter. The letter expressed concerns about waterview and septic system run-off. Mr. Readel claimed that an abutter, Mr. Dardano, would be the most adverselyaffected b the y proposal. Attorney Kirrane said that"view"is not an appropriate • • , zoning consideration and that the deck does not protrude or interfere with the installed se ptic system. Mr. Brem questioned if the proposal is going outside the ' g g existing footprint. Attorney , Kirrane replied that the proposal P p posal does go outside the existing but the Zo By-law Wing � y w does not mandate that a changes alteration or expansion opre-existing',. f a � non-conforming structure has to remain within the footprint. A • tp Attorney Kirrane stated that the Board only needs to determine whether the ro p posal is more detrimental or is somehow a threat to public safety. a, Mr. Nelson questioned the location of 22 Pine Aven ue. Mr. Slavinsky submitted photos and stated that Ms. Readel also submitted a letter in opposition to i{ pp another construction in the area. The Readel , property does not have a watervi ew. {� . Slavinsky informed the Board that he is also working ' on a project for Mr. Dardana, an abutter of the Gilmartin property. Mr. Slavinskysaid that Mr. Dard 41 ono and Mr. Gilmartin have agreed to bath projects and are on friendly terms. !i ;