6/25/2003 ZONING BOARD OF APPEALS Minutes

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s x Mashpee Zoning Board ofAppal Minutes June 25,2003 Timothy Carmichael. Requests a Variance under Section 174-31 of the Zoning By-laws to vary the setback requirements to build a new dwelling on property located In an R-3 zoning district at 55 Amy Brown Road clap 109 Parcel 28 Mashpee, MA. Owner of Record: John D. Ball Sitting: Edward Govoni, Zella Elizenberry and Robert Nelson Attorney Kevin Kirrane represents the petitioner at this hearing. They are seeking t demolish and rebuild an existing structure on a non-conforming lot which, Mr. Kirrane states can be done under the by--laws of a special permit. They are seeking to alter, amend or change a non-conforming structure on a pre-existing non-conforming lot. Mr. Kirrane shows the Board the proposed new dwelling, which will infringe on the currently zoned sideline setback requirements. Petitioner is proposing a 24-foot wide foundation. Several abutters are in opposition to this proposal. Howard Smith 0 Amy Brown Road Steve Ball 3 Amy Brom Road Timothy Leedham 1 Any Brom Road Hoard Smith feels this douse should he made to meet the current ,coning just lire everyone else's on the street. A 20-foot wide foundation should suffice, and the house should be pushed back to meet the conservation buffer just like everyone else's. He will spear further at the continued hearing after conservation has seen the project. Steve Ball feeds the house should only be a 20-foot wide foundation just as he was made to do. Mr. Leedham feels the same way as the above abutters. He feels the height should he restricted to 35 feet as well as the distance to the wetlands. The Board feels this should have gone through conservation before they cane to the Board of Appeals. Attorney Kirrane concedes that the house could he pushed back some and will go before the Conservation Commission. He also feeds that variance relief is not necessary and that a Special Permit should suffice for this project due to the pre-existing non-conforming issues. Attorney Kirrane asps for a continuance in this matter. The Board moves to continue this matter to August 13, 2003. All Agrees. So moved.