11/9/1994 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - November 9 . 1994 Theodore Tedeschir TRS . - Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front and side setback requirements with the con tr cti.on of a garage to be located 12 . 8f from the sideline and 32 . 70 from the front. The property is located in an R-3 zoning district at 11 Taff ail W (Map 106 , Block 7 ) Mashpee , MA. Theodore Tedeschi , TRS . - Requests a Special. Permit under Section 174-17 of the Zoning Bir-laws to allow the expansion f a► non-conforming dwelling with the addition of a 16f x 261 garage on property located in an R-3 zoning district at 11 Taf frail. Way (Map 106 , Bloom 7 ) Mashpee, MA. Members sitting: E. Govonl' ,. J . Regan,. . I awver This hearing was subject to a Chapter 112 hearing . The Board received a written request from Cape and Islands Engineering to withdraw both applications without prejudice . . Govoni mooted to grant the request for withdrawal without prejudice of both the Special Permit and Variance applications . Mr . Regan seconded. All agreed . Robert L, and Eileen M. Gauthier - Have Appealed the Decision of the Building Inspector denying a building permit in an R-3 zoning district on property located at 12 Metacomet Road (Map 125, Block 1 ) Mashpee , MA. The denial was based n the determination by the Building inspector that the lot does not meet the requirements of Section 174- 1 of the Zoning By-laws or M.G.L. Chapter 4A, Section 6 , Mr, and Mrs . Gauthier represented their Appeal . Mr . Gauthier presented Maps of the area and explained that he had purchased two lots in 1972 and in 1976 had built a home on one of the lots . The vacant lot has always been treated and taxed as a separate lot. Mrs . Gauthier explained that they now have a buyer for the property. Mr . Govoni reviewed the action of the May, 1990 Town Meeting and the Gauthiers said the article was not explained and they did not know what they were voting for . om ents were received from the direct abutters , M . and Mrs . Donald Cohen and Mr . and Mrs . Leonard Mooney, in favor of the application . Mr . Gauthier stated that there are four other vacant lots in the development but his is the only one still held in common ownership with ad oining land* It was always a buildable lot until 1990 . Mr . Govoni asked Bill Hauck the effective date of the 1990 zoning change and there was discussion of the five year grace period provided for in Section 6 .