10/22/2003 ZONING BOARD OF APPEALS Minutes

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Mahpee Zoning Board of Appeals Minutes October 22, 2003 Barbara and Walter Fhilli s. Request a variance from Section 174-31 of the Zoning By-laws to vary the setback requirements in order to build a 105 x 12" shed on property located in an R-5 zoning district at 32 Sunset Circle (Map 64 Parcel 17) 1 lashpee, MA. Sitting: James Regan, Robert Felson and Marshall Brenn. Walter and Barbara Phillips represent themselves at this hearing. They are seeking a 2 foot variance in order to install a 1 Ox 12 shed. Michael Rnhek of 89 Sunset Circle, direct abutter, is in full support of this shed. when the lots were originally created, there was a 10 foot buffer line. In addition,the house is situated on the lot so that it creates n alternative where to put the shed. Robert Nelson moves to grant the 20 foot variance. Marshall Brenn seconds the motion. All agree. So moved. Christopher Johnson: Requests a variance from Section 174-32 ofthe Zoning -laws in order to vary the growth cap requirement and release 3 lots in 2003 and the remaining 3 lots in 2004 in a new subdivision on property located in an R-3 zoning district at Mo.'s 3, 4, 51 6, 7 and 8 Christopher Lane (also known as Leonia Trail) Map 69, Parcels 98A, 97B5 87, 88, 9 Mashpee, MA. Sitting: Zella Elizenberry, Richard Guerrera and James Regan. Christopher Johnson represents himself at this hearing. He is in the process of developing a sub-division and has 6 lots he wants to build on. He is seeking a variance from the growth management by-lav whereby only one building permit is given per year. Russell wheeler, Building Inspector feels giving Mr. Johnson 3 permits in 2003 and 3 permits in 2004 would be acceptable. He does not have the exact Figures thus far for permits given in 2003, but feels the Town is not any where near the cap. David Chadwick, a direct abutter is very concemed about the speed of growth in M shpee and feels this would not be beneficial for the Town. 1r. Johnson informs the Board that he has sold lots 5 and 6 and the road is going in forthwith. He also adds that it is difficult financially to tie up 6 lots for so many years. The Board feels his request is reasonable. Zella Eli en eery moves to grant the variance for growth management which would allow lots 5, 6 and 8 to be given building permit is 2003 and the remainder of the lots in 2004. Richard Guerrera seconds the notion. All agree. So moved. Gerald S. Fine: Requests a Variance from Section 174-31 of the Zoning By-laws in order to vary the setback requirements to build a deck on property located 1n an R-3 zoning district at 12 Summersea Road (Map 104 Parcel 9 1 ashpee, MA. Sitting: Robert Nelson, Marshall Brem, James Regan. Torn O'Hara represents the petitioner in this hearing. They are seeping a 1.9 foot variance for the rear deck. In replacing the existing deck, the builder became aware that the setback requirements had changed since the deck was originally built and therefore they now need a variance. Marshall Brenn moves to grant the 1.9 foot variance. Robert Felson seconds the motion. All Agree. So moved.