02/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2012 • MINUTES Ms. Charlene Antrim, Project Planner, Cape &Islands Engineering, Inc. represented the Petitioner. She stated that the ZBA granted a Variance on the subject parcel in 1998, but the certified copy, was not recorded at the Barnstable County Registry of Deeds until 2008. The lots were created by a subdivision plan approved by the Planning Board on August 18, 1999. The Petitioner is requesting a Variance from the lot frontage on Lot #2. The Town Planner's memo dated January 30, 2012 reads: "The Mastandrea lots both meet the current 80,000 sq. ft. lot size requirement. The variance should only need to be for frontage. Also, as the lots already exist (they are not "an existing lot"), there is no need for permission to divide the lots (which would require Planning Board approval), but only to make them separately buildable. Map 2, Block 191, by the way, currently meets both the lot size and lot frontage (150') requirements contained in Section 174-31 and does not need a variance at all. The lots were created by a subdivision plan approved by the Planning Board on August 18, 1999, which references the V-98-117 variance allowing the 128 ft. frontage on Map 2, Block 192 (which already had a house on it), indicating the Planning Board's approval (which is required, in addition to the zoning variance) of that undersized frontage. As the plan has been recorded, no re -approval by the Planning Board is required." Mr. Nelson said that he sees no problem with granting the Variance again. No comments were received from abutters. • Mr. Blaisdell made a motion to grant a Variance of 21.31 feet from the frontage requirements on Lot #2 to make the subject lots separately buildable. Variance findings: • Owing to circumstances relating to unusual long and narrow shapes of the subject properties, a literal enforcement of the By-laws would involve hardship; • that the subject parcels meet the 80,000 square -foot minimum requirements; • that the subdivision plan has been approved by the Planning Board; therefore desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-laws. This Decision is conditioned upon compliance with Cape & Islands Engineering: "Subdivision Plan of Land Located in Mashpee — Mass. Prepared for Robert T. Cardillo Date: June 14, 1999." Mr. Nelson seconded the motion. Mr. Furbush voted yes. Mr. Dorsey voted yes. Mr. Reiffarth voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Vote was unanimous. OTHER BUSINESS Distribute: Correspondence from Robert Lalime and Kathleen Pierce concerning commercial business conducted on property located in a residential zoning district at 593 Main Street. The Board discussed the Petitioner's deceitful misrepresentation of his commercial business as a "hobby" to the ZBA. Mr. Morgan said that the whole problem • is an "awful mess". The neighbors have continued to submit formal complaints to the Town. Town Counsel is involved. Mr. Nelson said that he was absent when the Board 4