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MINUTES June 8, 1988 3 BOARD Of APPEALS Ted�Hou Houghton (owner on record; Emir and Ethel Bornstein) - Requests . a Variance uner Section 7.4 of the Land Space Requirements for permission to vary the sideline setback requirements in a R-3 Zoning District on pro- perty located on 7 Simons Narrows Road, (map 76, parcel 89), Mashpee, Massachusetts. Members sitting: William Hanrahan, Michael Makunas and Edward Govoni. Mr. Bernard Pemstein was in attendance representing abutter Mr. Peraki. Attorney Samuel Sutter was in attendance representing Mr. Houghton. Attorney Sutter requested a continuance of this application -so that a. possible resolution with the abutter could be obtained. Mr. Makunas motioned to deny the request for a Variance without pre- judice based on the fact that the petitioner is unable to present his Variance application this evening, no second was motioned - motion failed. Mr. Hanrahan motioned to continue this application until later in the evening, Mr. Makunas seconded, all agreed. Mater McCormick (owners on record; Mary E. and Paul J. McCormick and James an Joan C e) - Requests a Variance under Section 7.4 of the Land Space Requirements for permission to vary the frontage requirements on lot 2, (map 111, parce1168), Uncle Percy's Road and for permission to vary the minimum lot size requirements on lots 1-& 2, (map 111, parcels 166, 167 & is 168), Uncle Percy's Road, Mashpee, Massachusetts. Members sitting: William Hanrahan, Michael Makunas and Richard Halpern. Mr. John Slavinsky was in attendance this evening representing this application. There were no abutters present. Mr. Slavinsky stated the issue this evening is a one acre parcel with two houses on three lots with one existing cesspool on the middle lot (shown to the Board).. He stated the applicant is proposing to split the middle lot to create two lots with two houses.: Mr. Slavinsky stated if this plan were presented before the Planning Board they would refuse to sign the land court plan based on the fact that presently these three lots do not conform to zoning. Mr. Makunas commented this Board has the juristiction to expand or enlarge a non_conforming lot. Mr. Hanrahan stated this request would not derogate from the intent of the by-law. Mr. Makunas motioned to grant the Variance request which would eliminate lot 7 as a result lot 1 will be non -conforming in lot size and frontage and lot 2 will be non -conforming in lot size and frontage, lot size Variance:for lot 1 is 15,051 square feet and frontage of 100.32 feet, lot size Variance for lot 2 is 10,259 square feet and frontage of 85.23 feet, Mr. Hanrahan seconded, • all agreed.