8/28/1991 ZONING BOARD OF APPEALS Minutes

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r TOWN OF MASHPEE Board of Appeals r Minutes August 28, 1991 The Mashpee Board of Appeals held a meeting at 7:30 P.M. on Wednesday, August 28, 1991 at the Mashpee Town Hall. Board members present and acting throughout were Michael. A. Makunas, Edward M. Govoni and John J. Friel.. Chairman William J. Hanrahan was present for all hearings except S.G.F.S. Building Inspector Douglas S. Boyd was in attendance. William J. and Marx L. Marsters - Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side line setbacks in an R-3 zoning distract on property located at 100 Lakewood Drive (Map 28, Block 51) Mashpee, MA. Members present: W. Hanrahan, M. Makunas, E. Govoni, J. Friel William Marsters represented the application.. Board members reviewed the pians and noted that the Board did not have an original signed plan but that the plans submitted were copies which had been altered. Mr. Makunas suggested that the engineer who had done the plans was attending a later hearing of the Board and it might be possible to get a signature at the meeting. Mr. Hanrahan questioned the hardship involved. Mr. Marsters explained that the sunroom had already been built and plan indicated it was constructed on a right of way. Mr. Marsters stated that he thought it was recorded as an easement which he owned. Mr. Boyd said an easement could be taken back. Mr. Hanrahan questioned the per cent of lot coverage and asked if there was a figure for the footprint of the house. He said an engineer would be required to submit these figures. He reviewed the three issues involved: 1. clarification of the right of way, 2. calculation of lot coverage and 3. justification of hardship. Mr. Friel explained that a right of way is a constant open space which must remain but an easement does not effect continuously the use of the property. Mr. Makunas said deed should be checked to determine if the language was for an easement or a right of way. Mr. Friel stated that he thought the deed. would supercede the plan. Mr. Hanrahan asked Mr. Marsters to provide answers to the three questions above. Mr. Makunas asked Mr. Boyd to provide copies of the building permit and the plans submitted. Mr. Govoni explained that engineer's plans are not required for building permits and it could have been a contractor's error. Mr. Marsters said the situation had been discovered in applying for a mortgage. Mr. Makunas moved to take the petition under advisement. Mr. Govoni seconded. .All agreed. Mr. Marsters requested a letter from the Board explaining information required.