9/24/2003 ZONING BOARD OF APPEALS Minutes

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Ilashpee Zoning . Board of Appeals Minutes September 24, 2003 Presentation, Mr. Smith informs.the Board that petitioner is meeting none of the variance criteria and in his opinion, would be creating a dwelling that would be detrimental to the community. He feels there is greater non-conformity and would not be beneficial to the good of the public. �I states that Mr. Carmichael is merely super sizing what was meant to be there and selling it to make some money. He feels that is not the intent of the bylaw. He discusses lot ownership (memorandum attached for easier reference) He also references the fact that at one time lots 53 and 55 held in common ownership in 1976 were created into 2 lots, whereby there was a window of 5 years to grandfather these lots, he infers that the window has now closed. Mr. Kirrane and Mr. Smith rebuttal back and forth. Mr. Smith brings to light the actual habitableness of this house and what laws govern vacant lots v . lots with houses on them. Russ wheeler agrees to look into the matter and Mr. Kirrane would lite a chance to review the documentation Mr. Smith has presented to the Board. The parties request an extension until October 22, 2003. All agree. So moved. Catherine Per. ; Requests a variance under Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build a 22' x 16' garage on propel' located in an R-5 zoning district at 114 Scituate Road (Map 22 Parcel Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry and.lames Regan David Webb represents his client Catherine Perm for this hearing. They are seeking a Variance in order to build a garage and the current zoning prevents them from doing so clue to the setback requirements. They are looping for a 10 foot variance on the sideline. Zella Elizenberry moves to grant the variance. Robert Nelson seconds the notion. All agree. So moved. L. Clark Dill and Heathen Hill: Request a Modification to Special Permit from Sections 174-17,, 174.2 and 174-33 of the Zoning By-laws in order to construct/relocate an existing boathouse/accessory building to 15' from existing sideline. Relief was previously granted (S P-0 I-13 2 and SP-9 8-1 on property located inn R-3 zoning distriet at 50 Popponesset Island load(Map 106 Parcel 24) lashpee, MA. 1\4r. Sandler, who is in opposition to this matter, and represents the direct abutters seat a letter to the Board asking that clue to hospitalization of his wife, this matter be postponed until another time. Mr. Regan moved to grant the continuance to October 22, 2003. All agree. So moved. ,Stephen C. Kyros. Requests a variance from Section 174-31 of the Zoning By--laws in order to vary the setback requirements to build a 40'x24' detached garage on property located in an R-3 zoning district at 3 4 Quaker Run Road (Map 8 3 Parcel 21) Mashpee, MA. Sitting: Robert Nelson, Richard Guerrera., and Zella Elizenberry. .wines Regan recused himself from the hearing and stepped out of the room. x