02/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 24, 2010 Attorney Kirrane said that the new proposal has improved the dimensions from the side setback requirements. The shed on the plan will be removed and was not figured in with the lot coverage figure: Mr. Furbush said that he feels the house is too big for the lot. He asked for the list of homes in the neighborhood that the Board granted permission to exceed the lot coverage requirements. Mr. Furbush was referred to the January 13, 2010 ZBA Minutes. The Minutes refer to the following: 17 Cross Street is at 22.3% lot coverage, 16 Cross Street is at 21.5% lot coverage and 6 Cross Street is at 22.8%. 4 Pine Avenue is at 24.2% lot coverage, 19 Pine Avenue is at 22%, 23 Pine Avenue is at 21.3%, and 15 Cross Street is at 29.6%. Attorney Kirrane said that these dimensions did not include cantilevering when the Board approved the proposals. Attorney Kirrane reiterated that the Board gave relief based on lot coverage and cantilevers to previous Petitions in the same area and that this Petitioner is asking for the same relief. Mr. Furbush said: "The rules have changed halfway through the game." Mr. Nelson said that 21% or 22% of lot coverage would be more realistic in this circumstance. Attorney Kirrane asked for a brief moment to confer with his client. Attorney Kirrane said that his client would be willing to reduce the overhang on the westerly side of the house from 2 feet to 1.5 feet, which would reduce the house by another 25 square feet. This would reduce the lot coverage from 25.5% to 24.6%. Mr. Nelson recognized Mr. Brian Flaherty who referred to a letter sent by his brother, Gerry Flaherty, who owns the abutting property at 10 Rock Island Road. Mr. Gerry Flaherty lives • overseas and could not attend the meeting. The letter in its entirety reads: Chairman Robert Nelson Zoning Board of Appeals Town ofMashpee RE: Wilson Petition for Variance from Zoning Bylaws Dear Mr. Nelson and Town Council members, As the adjacent property owners to #11 Rock Island Road, we strongly object to the request for variance to the Bylaws. Zoning Considerations Section 174-31 states that for an R-3 zoned lot, the maximum percent of lot coverage may be only 10%. As this applies for a 40,000 sq ft lot, the smaller the lot, the more overbuilt and congested the lot becomes to the adjoining neighbors and community. . The use of the 3000 sq ft buffer lot isnot (and has not been) allowable in calculation of lot coverage. Per Bylaw definitions: LOT: "The whole area of a single parcel of land undivided by a street, under one (1) ownership,....... " LOTAREA: "The area of a lot exclusive of any area in a public or private way open to public use and any body of water. " The Wilson property (and likewise our property) is not a single lot. It is made up of two lots, a 0 main lot (6000sq ft) and a buffer lot (3000 sq ft). The buffer lot is divided by a street and