10/26/1994 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minute - October 26 , 1994 2 . Members sitting: E,. G ovon3. J. Regan, R. Nelson Mr . Hendricks explained that he was planning to rebuild on the same footprint but with a chance 'n the roof line . Mr . . Hauck stated that the Board of Health would have to permit the septic system. Mr , Felson moved to g 'caxnt the Special PerMt. Mr . Regan seconded. All agreed. Mr . Sovoni explained that the construction would have to be on the same footprint. Mr . Hauck said the Special Permit would be valid for two years from the filing date . Richardson H . Jonas - Requests a Variance from Section 174-31 f the Zoning By-laws for permission to vary the minimum lot size and frontage requirement in an R-5 zoning distract . The Applicant seeks to create four lots where previously there were seven on property located at 32 , 36 , 37 , 42 # 50r 2 and 53 Jonas Drive Map 37 , Blocks 203 , 204 , 205r 206 and 207 and Map 46 , Blocks 73 and 7 Mashpee* MA. Members sitting . E. Govoni . J . Regan, R . Nelson Attorney Kevin Kirra.ne represented the applicant , He explained that the Planning Board had approved the subdivision of the land in 1985 . At the time the preliminary plan was submitted the applicable zoning in the area was 22 , 500 sf lots . The zoning changed to 40 , 000 sf between the time that the preliminary subdivision plan was submitted and the ' time when the definitive subdivision plan was acted upon. Zoning was further chanted from 40 , 000 to 60 , 000 and 80 , 00 fo He explained that Mr . Jonas was only able to convey one lot from the subdivision within the eight year period. He stated that the Bawd of Appeals had denied variance relief on the remaining seven lots . Y Mr . Kirrane presented plans for the combination -of lots which would result in four lots . He said that a significant hardship exists which affects this parcel of land and not other land in the same zoning district . He said Mr . Jonas has paid for the construction of roads , drainage and utilities . 'these costs were intended to be dispursed over the eight lots . He said they could have only two lots if they complied with current zoning . He said the natural topography lends itself to the combination of lots in the proposed configuration. He said that the lots on the easterly side were impacted by wetlands and slope of the land, He stated that the roadway and drainage qualify as structures and create a significant hardship in the use of the land. The proposed lot sizes exceed the size of most of the lots in the. ar .