04/01/1987 ZONING BOARD OF APPEALS Minutes

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4 MINUTES April 1, 1987 BOARD OF APPEALS Mr. Hanrahan stated a precedent would not be set by any action of the Board. Mr. Konikowski stated she is extremely concerned with the septic and leaching area and questioned Mr. Toomey as to the possibility of the septic area being moved if the house were moved 20 feet towards the street. Mr. Toomey stated if the Board determined the lot to be nonconform- ing, the house could be moved forward by 20 feet, that being the setback at the time the plans were filed at the Registry of Deeds. He stated the engineering firm would have to make the determination as to the mov- ing of the septic system. Mr. Toomey stated if the house were moved forward by 20 feet the setback from the edge of the marsh would be 26 feet. Mr. Toomey stated if the lot is an unbuildable lot then Mr. Malloy would like to be compensated for the land. Mr. Hanrahan explained to Mr. Toomey that he would have to consult with the Assessors Office. Mr. Garabidean, abutter, voiced his concern with the house being moved closer towards the road and the shortened distance from the septic system to his well. Mr. Hanrahan stated he has received a letter from Mr. Richard Coffman abutter, who states opposition to this application. Mr. Hanrahan motioned to take this application under advisement pending further clarification by Town Council of the necessity for a Variance and requests written imput from the Building Inspector, Ms. Hawver seconded, all agreed. VirSy,inia Parker - Requests a Variance under Section 11.0 of the Land space Requirements for permission to enter within the A.C.E.C. district on property located on lot 4, (off Bayshore Drive) , Mashpee, Massachusetts. Members sitting: W. Hanrahan, C. Hawver and T. Sexton. Mr. David Sanicki was in attendance representing this application, Mr. John Varkonda, Mashpee Conservation Office was also in attendance. There were no abutters present. Mr. Sanicki stated there is an existing structure on the lot. He stated they do not propose to move any closer to the waters edge, all construction will be parallel to or away from the existing wetland edge. Mr. Sanicki stated that under Section 11.C-D of the Mashpee Zoning By-Laws, the applicant may not require a Variance. He stated if that determination is made by the Board he would like to withdraw the appli- cation. Mr. Hanrahan stated the determination should be made by the Build- ing Inspector.