12/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 14, 2011 MINUTES is and 15 feet in the rear and on the sides. The Board said it would be agreeable to a 20- foot front setback. Mr. James Candito of 70 Nick Trail said that he has lived there for 35 years and has witnessed the transformation of the area with teardowns and rebuilds. He requested that the Petitioner relocate the enclosed porch so that he can continue to enjoy his views of the islands and lighthouses. He suggested changing the enclosed porch to a flat deck. Mr. Candito showed the Board views from his home on his IPhone. Mr. Slavinsky said that Mr. Candito is confused and the corner he is referring to is the proposed house, not a porch. Mr. Luff said that the corner conforms to the front and side setback requirements and that the Petitioner is within his right to build there. Attorney Kirrane agreed and said, "A view is not a proper zoning consideration." He said that the comer of the structure conforms to zoning. Attorney Kirrane reiterated that obstructed views are not within the purview of the ZBA's authority. Mr. Morgan said that he would ensure that the architect resolves any issues relating to the height of the building. Mr. Nelson voted to continue the Petitions until January 25, 2012 to allow the Petitioner's engineer time to submit a revised plan at that meeting showing that the house has been relocated to 20 feet from the front setback from Kim Path. Mr. Furbush seconded the motion. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Mr. Nelson voted yes. Vote was unanimous and Petitions were continued to January 25, 2012. CJWKC, LLC: Requests a Written Finding under Section 174-17 and a Special Permit under Section 174-20 of the Zoning By-laws concerning continuance, extensions and alterations of pre-existing, non -conforming structures and rebuilding of destroyed or damaged non -conforming structures and M.G.L. Chapter 40A Section 6 concerning existing structures, uses, or permits for permission to demolish a pre-existing, non- conforming structure and replace it with a new single-family home on property located in an R-3 zoning district at 36 Fiddler Crab Lane (Map 105 Parcel 101) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie. CJWKC, LLC: Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the front setback requirements and the setback from water and wetlands to allow for construction of a new single-family home on property located in an R-3 zoning district at 36 Fiddler Crab Lane (Map 105 Parcel 101) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie. Attorney Kevin Kirrane and Builder Glenn MacKenzie represented the Petitions. is Attorney Kirrane stated that the non -conforming lot fails to meet the 40,000 square -foot minimum lot size and the structure fails to meet the 40 -foot front -yard setback requirements. C