01/13/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

lown of e ' MASHPEE ZONING BOARD OF APPEALS � .k `�.. ..,�, 16 �1"EE1f �'Vcc� �koad,,V�)rth, DECISION FOR A VARIANCE 1YIash,/)ee, AIcassaLl Lusetts 02649 V-10-01 Joann Wilson Certificate Number: 189928 12 Rock Island Road Lot 4 Block C Mashpee, MA 02649 Plan Number: 68118 Assessor's Map 128 Parcel 24 A Petition was filed on December 17, 2009 by Joann Wilson of 100 Round Hill Road, Cheshire, Connecticut for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side setback and lot coverage requirements in order to replace a pre-existing, non-conforming structure on property located in an R-3 zoning district at 12 Rock Island Road (Map 128 Parcel 24) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 1, and January 8, 2010, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on March 10, 2010, having been continued from the Public Hearings of January 13, and February 24, 2010. The following members of the Board were present and acting throughout: Robert Nelson, Jonathan Furbush, William Blaisdell, John Dorsey and Ronald Bonvie. Mr. Ronald Bonvie submitted written certification that he performed the requirements pursuant to Article 21 as passed at the October 16, 2006 Mashpee Town Meeting. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane, Engineer John Slavinsky, and Architect Michael Jimerson attended the meeting along with the Petitioner, Mr. Michael Wilson. Attorney Kirrane suimnarized some of the information presented at the last two Public Hearings on this Petition. Plans now call for a dwelling consisting of 1,450 square feet that will be 29 feet wide and 50 feet long. The dwelling would be situated in the middle of the lot and have 10.5 foot side setbacks,which would be an improvement on the setbacks of the current dwelling. No cantilevering is proposed. The master bedroom on the first floor is essential in order to accommodate the Petitioner's health issues and the eventual necessity for handicap access. Mr. Nelson said that the Board and Town's Counsel had conducted extensive research on this particular situation and the opinion is that the subject lot consists of 6,000 square feet. Mr. Nelson acknowledged that the Petitioner has made sincere efforts to satisfy the Board's demands for revised plans in an effort to mitigate abutters' complaints. At this and previous Public Hearings, the Board listened to lengthy arguments presented by the Petitioner's