01/13/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 13,2021 Sharon commented that she walked the property and the landing and steps do not have a roof. There is a shower without a door. Jim Reiffarth did not have any comments. Ron Bonvie has the same concerns with the location of the building getting closer to the neighbor. Attorney Kirrane said he will consult with the engineer. The stairs are not included in setback requirements.The Builder said he can make an adjustment to the plan to be revised prior to the next meeting on January 27, 2021. Ron made a motion to continue the hearing as requested by the Attorney. Jim Reiffarth, seconded, yes, Scott, yes, Ron, yes, Sharon, yes, and Jonathan, yes. All were in favor to continue the hearing until January 27, 2021. 30 Pleasant Park Drive: Petitioners, Aaron Bornstein and Stuart Bornstein request a Variance under §174-31 of the Zoning Bylaws to vary the frontage, and lot size requirements to allow for construction of a single-family residence on property located in an R-3 Zoning District, Map 70 Parcel 166,Mashpee, MA. (Owner of record: One Village Market Place, LLC). 38 Pleasant Park Drive: Petitioners, Aaron Bornstein and Stuart Bornstein request a Variance under §174-31 of the Zoning Bylaws to vary the frontage, and lot size requirements to allow for construction of a single-family residence on property located in an R-3 Zoning District, Map 70 Parcel 165,Mashpee,MA. (Owner of record: One Village Market Place, LLC). The five regular Board members are hearing these two requests. Attorney Kirrane represented the requests for variance relief. He referenced the bylaw Section 174-21 (a)that refers to an approval under a sub-division control law, and relief of the planning board covenant within the period of 8 years. If the plan was approved and released by the planning board within a period of 8 years, and at the time of the endorsement the lot was separately owned and the lot is grandfathered.The lot was deeded in 1984, and the planning board covenant was released. The Board has granted relief on these properties before in 2007 for lot 20 and 21 for the frontage and lot size criteria. Attorney Kirrane mentioned in his written remarks that these properties were separately owned, and that they occurred within the eight years of the planning board endorsement and are therefore grandfathered.The lot changed hands many time between 1985 and 2015 when the lots were deeded to the current owner. He also mentioned that these lots will be tied into the Willowbend waste water treatment system. He believes the Board can grant relief as was done back in 2007. Mr. Furbush asked Sharon to read an email from the Town Planner regarding the subject lots. There were no comments from Board of Health or Conservation. Dave Morris said he would like to review this further. 9