02/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 24, 2010 Mr. Furbush asked if Mr. Flaherty wanted to add anything more to the record. Mr. Brian Flaherty • said he wanted the Board to discuss the lot size issue, and safety and noise consideration. He asked the Board to halt any construction during the July and August months, since his brother rents his home at 10 Rock Island Road during those months. Mr. Nelson said that the Board would not be able to prohibit a Petitioner from engaging in construction during specific months of the year. He referred to By-laws already in place that restrict noise during certain times of the day, night and week/weekends. Mrs. Anne Flaherty asked "why in today's world anyone needs a mansion" for a summer place. She said that it is a "nightmare to the rest of the neighborhood." She lives in Westwood, Massachusetts and owns property in Mashpee. Mrs. Flaherty said her son, Gerry, comes back from overseas to enjoy his home at 10 Rock Island Road. She said having a mansion next door is not what he envisioned when he bought his property several years ago. Attorney Kirrane clarified that the size of the home is only 3,000 square feet. Mr. Dorsey asked what the lot coverage is on her son's lot. Mrs. Flaherty asked the Board to imagine the shadows*that would be cast on the neighboring lots by this "3 -story mansion." Mr. Nelson corrected her and said that the proposal is a 2 % story home, not 3 stories. Mrs. Flaherty insisted that she has seen the plans and that "thing on top is supposed to be like an attic. That's going to be a bedroom sometime." Mr. Nelson said that he was speaking for himself and not on behalf of the Board and proposed that he would support 21% lot coverage (plus or minus). Mr. Furbush said that he agreed with Mr. Nelson. He said that he "feels bad" because "the rules changed in the middle of the game." Attorney Kirrane asked if the Board would ask the Building Inspector to enforce the By-law to require anything over 20% lot coverage to be removed. Mr. Furbush reminded Attorney Kirrane that it was only recently that the Board was advised by Town Counsel that cantilevers should be • figured into the lot coverage. Mr. Michael Wilson asked to address the Board. He asked: "Are you all going to change the game on me? And that you all are going to be on the record as suggesting that you will not grant me what has been granted in the past in a very, an absolutely comparable situation at 17 Cross Street? Because I need to know what my next steps are going to be. And quite frankly, I respect the opinions of the Counsel and 21 is 21. And your view is 21 is big enough and the house is too big and I certainly know that the world is made up of people who have different opinions. But the other people that are not here are 30 other people or some other number of people that are okay with what I am doing. In fact, would embrace the fact that I am improving the property values." He said that he would deal with the fact that the Board will not consider the abutting lot in the size of the property. He further said: "All I'm asking for is what you granted in the past" and that he wanted "to understand how it is that in this day and age when people want to bring some economic prosperity to a region and I would put up something that would be fantastically beautiful and very, very tasteful. How could we say no to something that we have already granted a yes to? I am really struggling with this. You have to understand where I came from. I gave up a spectacular home for what I thought I could do based on the Decisions that you all have made in the past. And I just want you to know how heartfelt I am that this Decision is starting to go in a different direction. And I quite frankly will not do the 21%. I would like you all to, please, be on the record to suggest that you are going to change the game on me. I find it arbitrary and capricious." Mr. Nelson said that he wanted to see where parking on the 6,000 square foot lot is proposed. Attorney Kirrane and Mr. Slavinsky said that the parking could be on the 3,000 square foot buffer lot which the Petitioner owns. •