02/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS February 2011 Minutes The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, February 9, 2011, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Furbush, James Reiffarth, William A. Blaisdell and John M. Dorsey along with Associate Board Members Ronald S. Bonvie and Judith Horton were present. Building Commissioner Richard Stevens also attended the meeting. Associate Board Member Peter R. Hinden was unable to attend. Chairman Robert G. Nelson opened the meeting at 7:00 a.m. CONTINUED HEARING James Regan: Pursuant to Chapter 40A Section 15, James Regan Appeals the Zoning Opinion of the Building Commissioner concerning the property located in an R-3 zoning district at 12 Brookside Circle (Map 108 Parcel 37) Mashpee, MA. Owner of record: Barry J. and Laura J. Marsolais. Sitting: Board Members Jonathan Furbush, William A. Blaisdell, John M. Dorsey and James Reiffarth and Associate Board Member Ronald S. Bonvie. Mr. Robert G. Nelson stepped down from this Petition. • Attorney Mark Gildea represented the Appellant who also attended the meeting. Attorney Gildea claimed that the Building Commissioner made a mistake with the above - referenced Opinion. Attorney Gildea submitted copies of a cluster subdivision plan approved in 1984 and an aerial photograph of the subdivision. He said that construction of a dwelling on the lot should be behind the `BL' line as indicated on the plan. Attorney Gildea maintains that `BL' means Building Line. Attorney Gildea referred to Section 9.42 of the By-law concerning Exception for Cluster Development which states: "The minimum lot width at the building line shall be not less than one hundred (100) feet." Attorney Gildea said that the owner of the subject property should not be able to build within the building line. Correspondence dated September 16, 2010 sent by Building Commissioner Richard Stevens to Attorney Gildea reads: "The current. setbacks for Cluster Subdivisions in the Town of Mashpee are 30 feet from the front, 15 feet on the sides and 20 feet at the rear. These are the only setbacks I would be able to enforce under the Town of Mashpee Zoning Bylaws." Attorney Gildea said that the `BL' line shown on the plan should be enforced as a Building Line. Attorney Gildea stated that the owner of the subject property has received approval from the Conservation Commission and is in the process of obtaining DEP approval. Attorney Gildea asked the Board to interpret the subdivision plan as approved as a cluster zoning and require that any structure should be placed behind the building line. • Mr. Furbush stated that the developer sold the lot as a buildable lot and that the current owner has been paying taxes on the lot for years and should be allowed to build. Attorney Gildea countered that lie wasn't saying that the lot could not be developed, but