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MASHPEE ZONING BOARD OF APPEALS <br />February 9, 2011 <br />Minutes <br />use a portion of the Hynds' driveway. He also said that he sees no reason for the Board <br />to approve the proposed shed. <br />Mr. Furbush said that the lots across the street from the subject property may be smaller <br />than what is proposed, but they are older lots that are most likely grandfathered. Mr. <br />Blaisdell agreed that those lots are pre-existing, non -conforming and predate zoning. He <br />said that The Petitioner is creating a new, non -conforming lot. Mr. Nelson said that the <br />ZBA must abide by the 40,000 square -foot minimum lot size as voted for and passed at <br />Town meeting. <br />Mr. Nelson said that the West family withdrew their request in 2007 when it became <br />apparent that the Board was not going to grant a Variance to allow for subdivision of <br />their parcel of land. Mr. Nelson said that the West's have come back with this idea and <br />are deliberately creating an undersized lot. He said that it sets a bad precedent and the <br />Board is not looking for more Petitioners to do the same in the name of providing <br />affordable housing. Mr. Furbush said that he is not aware of the ZBA ever having <br />created a new, non -conforming lot. Mr. Nelson agreed and said that he has never voted <br />in favor of one in his 17 years on the Board. Attorney Brodie argued that this is exactly <br />what Chapter 40B was intended for. Mr. Nelson countered that landowners on <br />Monomoscoy Road have combined lots to increase the size of the lot, but this is the first <br />time that somebody has subdivided a lot to decrease the size of their lot. <br />18 Mr. Nelson referred to the Board of Health memo and Attorney Brodie assured the Board <br />that BOH concerns have been -resolved. <br />Mr. Nelson read the following list of abutters/neighbors who have signed in opposition to <br />the proposal: <br />Daniel Bolinenberger <br />43 Riverside Road <br />Kris Bohnenberger <br />47 Riverside Road <br />Raymond Perry <br />37 Riverside Road <br />Paula Haynes <br />345 Monomoscoy Road <br />William Simmons <br />339 Monomoscoy Road <br />Rebecca Zuwallack <br />314 Monomoscoy Road <br />Steven Hynds <br />333 Monomoscoy Road <br />Marie Brako <br />24 Hamblin Road <br />Nicholas Ashford <br />322 Monomoscoy Road <br />Mr. Nelson read the following list of abutters and others who support the proposal <br />Patricia Kirby (now deceased) <br />26 Russell Road <br />Joan Bourget (now deceased) <br />33 Russell Road <br />Cindy Bourget <br />33 Russell Road <br />Joan Dillon <br />29 Russell Road <br />Edmund and Rosemary O'Rourke <br />37 Great River Road <br />Mike and Shirley Granfield <br />91 Monomoscoy W. Road <br />Nina and Jim Hanks <br />George Leach <br />362 Monomoscoy Road <br />30 Overland Road <br />Deb (Spohr) Martin <br />328 and 338 Monomoscoy Road <br />8 <br />