10/8/2003 ZONING BOARD OF APPEALS Minutes

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�w Mashpee Zoning Board of Appeals Minutes 2 October 8. 2003 sell this lot due to medical bills for the Pellegrini's. Mr. Dupuy offers to give the town 5% of the gross proceeds ofthe sale of thelot to reimburse them for the taxes that have not been assessed. The Board feels this is a reasonable compromise and would benefit all parties involved. Marshall Brem moves to grant the variance. Mr. Guerrera seconds the motion. All agree. So moved. Malcolm J. Portnoy; Requests a variance under Section 174-33 f the Zoning -laws in order to vary the distance to the wetlands in order to build an addition and a deck on property located in an -5 zoning district at 65 Sunset Circle (Map 64 Parcel 10) Ilashpe , IIA. Sitting: Robert Nelson, Richard Guerrera and Marshall Brenn. David S nicl i ofCape & Islands Engineering represents his client at this hearing. They are seeping a 12-foot variance from the wetlands requirement setback. The Conservation Commission granted approval for this on October 2, 2003. The Board sees no problems with this. Marshall Brem moves to grant the I2-foot variance. Robert Felson seconds the notion. All agree. So moved. New Public He rin s William St Requests a variance from Sections 174-31 and 174-32 ofthe Zoning By-laves to vary the frontage requirements, lot size requirements and relief from the fire protection by-laver in order to construct a 4 ' x 4 ' house with an ' x 2 ' deck and a 12' 12' deep on property located in an -5 zoning district at 89 Horseshoe Bend Way Map 40 Parcel 5 Iashpee, MA. Sitting: Marshall Brem, Diehard Guerrera and Robert Nelson. David Sanicli of Cape & Islands Engineering represents his client at this bearing. A variance was previously granted in 1999 but the house was never built. They are simply seeking a re-issue of the expired variance. There were several comments from concerned abutters. Ikon Haridat of 87 Horseshoe Bend Way lives is a direct abutter of the proposed house on the property in question. He feels quite strongly that the proposed house would " e-value"' his property. He also mentions that the house would tower over his cottage and be too close to his property. He feels the variance should be denied. Mr. Leroy Woodward of 50 Horseshoe Bend Way is also an abutter with concerns regarding the roadway access. He says Mr. Staples "doesn't allow anyone on the road". The Board informs Mr. Woodward that they cannot get involved with neighbor disputes Haat have nothing to do with the Board of Appeals. Joseph Iellagalla is also in attendance with Mr. Woodward and questions the variance as well. Mr. Brenn asks s M r.,Haridat if he was present when the Board granted the previous variance in 1999. Mr. Haridat said that he was present and he opposed it then as well. Mr. Nelson informs Mr. Haridat that the proposed house along with the sideline setback gives enough privacy to Mr. Haridat they cannot control s c c the level of rade Mr. Staples builds on. Further discussion talel o o ". place with these gentlemen and the Burd. After much consideration, the Board feels�i , j