12/10/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 10, 2014 MINUTES • Mr. Bonvie made a motion to issue a Written Finding to Jeffrey M. and Elaine Wiesen under §174-17 of the Zoning By-laws to raze and replace a detached single -car garage and replace it with a new 24' x 24' detached two car garage on property located in an R3 Zoning District at 30 Wheelhouse Lane, (Map 120 Parcel 162), Mashpee, MA. The applicant must seek and obtain Board of Health approval, Conservation approval, and must have the plot plan corrected by Terry A. Warner, P.L.S. dated October 16, 2014 titled "Plot Plan Showing Proposed Addition in Mashpee, MA" and must be signed and stamped by the engineer. Also included in this motion are plans provided by Harold Capone Residential Design, 5 Spinnaker Street, Sandwich, MA, A-1 and A-2, dated 10/27/2014. Also included in this motion, the proposal shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. Mr. Blaisdell, seconded yes, Mr. Furbush, yes, Mr. Bonvie, yes, Mr. Reiffarth, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. SBK Realty Trust: Request a Variance under §174-31 of the Zoning By-laws to vary the lot size requirements on property located in an R-3 Zoning District at 36 Fells Circle, (Map 122 Parcel 219), Mashpee, MA. (Shirley Bernstein Katz as Trustee of SBK Realty Trust). Attorney Mark Gildea represented the petitioner and owner of 36 Fells Circle. Also present • were the beneficiaries of the Trust, Rhonda Lassner and Steve Waldstein who are brother and sister. The property along with an adjoining property at 42 Fells Circle were owned by Shirley Bernstein back in 1972. She acquired 36 Fells Circle in May of 1980. Exhibit 1 in the package is a plan from the registry of deeds, lot 18 A which is 36 Fells Circle. This lot has 12,569 sq. ft. and frontage is 146.63 feet. Attorney Mark Gildea explained to the Board that the frontage was incorrectly listed at 100 feet on the application, it is 146.63 feet. The second page of the package was an approved subdivision by the Planning Board. The required lot frontage is 150 feet and the requested variance is less than half a foot. The required lot size is 40,000 square feet in an R-3 zone. Exhibit 2 shows the Special Permit area of New Seabury, and depicts 36 Fells Circle highlighted in "pink" and is outside the New Seabury Special Permit. Exhibit 3 refers to the entire neighborhood surrounding Fells Circle. All the lots in the neighborhood have been developed. To the North of the 36 Fells Circle is vacant land and was formerly owned by the Cotuit Cranberry Company and is presently subject to Conservation restrictions and cannot be developed. The lot size of 36 Fells Circle is consistent with the surrounding neighborhood and is clearly intended buildable and can be developed. Exhibit 4 shows the lot sizes and lot frontage of Fells Circle properties and Fells Pond Road properties, and all the parcels are smaller in size than 36 Fells Circle. The Town Accessing Records are Exhibit 5 and shows 36 Fells Circle is considered developable land. Exhibit 6 shows the increase in the Assessed Value. The lot is not considered buildable until approved by the ZBA under the current circumstances. 0