02/24/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Minutes Board of Appeals February 24, 2010 Attorney Kirrane said that the lots in this area are smaller than in other neighborhoods. Mr. • Furbush agreed that this neighborhood is a unique area and that the Board has given consideration to that fact. Mr. Slavinsky reminded the Board that it asked for cantilevers and that many homes would be in violation with the new calculation of cantilevers in the lot coverage. . Mr. Reiffarth commented that everyone on the Board is a volunteer and that they are trying to do "the best they can to do the fair thing for the town and the taxpayer." Attorney Kirrane remarked that "taxpayers in this area and areas like Monomoscoy Island and areas like Popponesset and Popponesset Island are paying outrageous sums of money in terms of taxes because of the lot value." He said: "It is unfair to mandate that somebody has to live with a 1,200 square foot house that may be assessed at $80,000 on a lot that they're paying taxes based upon $850,000 or $2 million in value." Attorney Kirrane asked the Board to consider fairness to the taxpayer. Mr. Reiffarth said that a person needs "to do their homework when they buy the lot or before they buy the lot. Not buy the lot and then expect all these Variances." Attorney Kirrane said that if one did their homework, they would "see what the Board has done over the last several years in terms of what it has approved." He also said that Mr. Wilson had no way of knowing that Town Counsel would render an opinion between January and February of this year that cantilevering should be included in calculating lot coverage. Mr. Paul Dardano at 23 Pine Avenue addressed the Board and said that he appreciated Mr. Wilson's frustration and the Board's frustration. He said that Mr. Wilson should have known Town Counsel's ruling that the buffer lot is not to be included in calculating lot size. Mr. Dardano said that the Board "spent the last meeting arguing something that should not have been argued." He said that "22 % lot coverage would fit very nicely" and "be very adequate for • anyone's lifestyle." Mr. Dardano said that it would be a mistake for the "Board to buckle under to threats." Mr. Dorsey took exception to the use of the phrase "buckling under" and said that the "Board works very hard." Mr. Dardano apologized and said that it was a "shame that things went through because people didn't show up and object." Mr. Nelson said that "if we give in on this, that now leaves either two or three more lots with the same situation" and added: "they'll all be in here looking for 24 or 25%." He concluded with "we have to draw the line." Mr. Furbush said that the Board has approved lot coverage in the 22% range. Attorney Kirrane said that the difference between I and 2% translates into less than 60 square feet — the size of a small room. Mr. Furbush said that "we are setting a precedent." He also said that "you don't have to tell me that we've changed the rules, because I totally agree and I don't think it's fair and I feel bad for you." Attorney Kirrane said that his client would have to come up with a new design. Mr. Wilson said that redesign would mean the loss of a guest bedroom and a family room. The Board asked the proposed height of building. Mr. Slavinsky said that the height is 34' 10" Mr. Wilson said that the proposal is for a 3 -bedroom home. Mr. Slavinsky mentioned to the Board that this proposal has Board of Health approval. Mr. Reiffarth suggested the removal of a tub on the first floor in order to make room for the guest bedroom. Mr. Wilson said that possibility has already been explored, but that the bed would be in the doorway. He said that he has "done so much diligence on this proposal and incurred large amounts of architectural fees and engineering fees and legal fees in order to try to please everybody." Mr. Wilson expressed his disappointment and felt that this was "completely unfair." He did tell the Board that he appreciated everyone's time.