11/9/1994 ZONING BOARD OF APPEALS Minutes

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i acrd of APPealS Minn eS NOVeMber 9r 1994 3 * Mr* Govoni said that the Town in MaY 7Y 1990 changed the -law to revert to Chapter 40A. chapter 40A reads that t' ny increase in area, front-age , width, yard or depth th require ent of a zoning ordinance or by-law shall not apply for a period of five years from is of f ec wive date or for tire years offer January first , nineteen hundred and seventy--six, which is later . . . . " Mr , Govoni stated that he makes the finding that when this reverted back to Chapter 40A. Section 6 . there should have been afive-year grace period. He said the Board would have to discover the effective date of the zoning change. He said he would overturn the Building Inspector` s denial . Mr . Govoni moved to take the petition under advisement . Mr . Regan seconded. All agreed. Mr . Regan said the Board understood the hardship since the lot was purchased and tared as a buildable lot for 22 years . Fred and Suzanne Luc nz - Request a Special Permit under Sections 174-17 and 174-63 of the Zoning By-lags to allow the replacement of an existing non-conforming dwelling with a new single family dwelling and the addition of a► garage in an - zoning district on property located at 116 Popponesset Island Road (Map 112 , Bloc ) Mashpee, MA. ( wn r of record: Edward F . and Esther D . Donovan. ) Members sitting: J. .Regan, C. Hawver.. R. Nelson Builder Joseph T arabelli and Engineer Michael McGrath represented the applicant . Mr . Tarabelli reviewed plans for the new construction and explained that they were originally going to rebuild on the old foundation but that the Building Inspector had found the foundation was cracked and recommended replacing the house and pour a new foundation . Mr . McGrath said the house was built in the 196ofs 196o' and conformed to zoning with the exception of the intrusion of a shed on the side line setback. Ms . Hawver asked about certification of the foundation platin and Mr. McGrath said he had signed copses . Ids . Hawver ' reviewed the findings that the septic system would be improved, safety improved with the new foundation, lot coverage of excluding wetlands was not a cessiver and that the shed would be legalized and that the improvements would not be a detriment to the neighborhood. Ms . Hawver moved to grant the special Permit and allow lot coverage of and legalize the shed location. Mr . Nelson seconded . All agreed.