5/27/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - May 27, 1992 3 . _E Robert J. and Nancy J. Bowes - Request a Special Permit under Section 174-17 of the Zoning By-laws for permission to expand a non-conforming structure with a house addition and garage in an R-3 zoning district on property located at 9 Bosuns Lane (Map 111 , Block 84, Mashpee, MA. Robert J. and Nancy J. Bowes - Request a Variance from Section _, 174-31 of the Zoning By-laws for permission to vary the setback requirements in an R-3 zoning district on property located at 9 Bosuns Lane (Map 111 , Block 84) Mashpee, MA. Members sitting: J. Friel, M. Makunas, E. Govoni Engineer John Slavinsky represented the applicant and presented the original plans which were filed for the building permit which included a garage. At the time it was thought that this lot was in the New Seabury Special Permit and it was later learned this area was not in the Special Permit. Mr. Slavinsky said the original design was based on belief that the aero lot line zoning was in effect and the Lots are skewed. The building permit states "New Seabury permit" . Mr. Bowes wants to expand the house and build the garage and presented letters from immediate abutters in favor of the expansion. Mr. Bowes explained that he had bought the house in January, 1990 and it was represented to him that it was part of the New Seabury permit. Mr. Makunas asked for distance from neighboring property and Mr. Bowes stated it was 70 ' or 80 ' away. Mr. Makunas commented that the Board should ask for the location of structures on adjacent lots and that this had been an issue in the Tarabelli hearing. Mr. Makunas stated this was a third party hardship and that shape of the lot was a hardship and there was no negative impact on the abutters . Mr. Makunas moved to grant the Special Permit and Variance. Mr. Govoni seconded. All agreed. William Zammer - Mr. Friel explained that the Board could not discuss the merits of his case but only procedures . Mr. Makunas stated that he understood the Building Inspector had issued him a verbal warning and then a written warning advising him that he was in violation of the zoning by-laws since the Special Permit issued for the Picnic Box site did not include the sale of fruits and vegetables. Mr. Zammer said he believed the by-laws were flawed and should be cleared up. He questioned why the matter had been discussed at an earlier meeting when he was not present. Mr. Makunas explained that two Board of Health members were present at the May 13 meeting and raised questions on the health issues of the original permit issued to Triton Management in 1988 . Mr. Zammer reviewed his dissatisfaction with the by-laws and Mr.