03/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals April 14, 2010 OTHER BUSINESS • Accept March 24, 2010 Minutes Mr. Nelson moved to accept the March 24, 2010 Minutes. Mr. Dorsey seconded the motion. All were in favor. Mr. Nelson said that he would talk with the Town Clerk's office and correct the paperwork pertaining to the Board members' expiration and reappointment dates. Mr. Nelson asked the Board to try and avoid using Section 174-17 "Finding of Fact" as a "rubber stamp". He suggested that the Board carefully examine any Petitions coming in for a Finding of Fact, particularly with proposals that would encroach on the setbacks and lot coverage. All the members of the Board agreed. Mr. Nelson asked the members for their opinion on Petitions coming in for a Finding of Fact and, at the same time, are requesting Variance relief. He asked if the Board would consider eliminating the need for the requested Variance relief if the Board finds that the Petition is not substantially more detrimental. Mr. Furbush agreed that it doesn't appear that the Board would need to require both the Finding of Fact and the Variance. Mr. Dorsey suggested that the Board should consider each Petition on an individual basis. All agreed. Mr. Nelson expressed his appreciation and thanked everyone for attending tonight's meeting. • Due to failure of the Mashpee Enterprise to properly"publish notice in accordance with Massachusetts General Laws Chapter 40A § 11, the Mashpee Zoning Board of Appeals is required to reschedule the following April 14, 2010 Petitions to Wednesday, April 28, 2010: • RESCHEDULED PETITIONS Eric M. BenwaV: Requests a Finding of Fact under Section 174-17 of the Zoning By- laws to allow. for construction of an addition to a pre-existing, non -conforming structure on property located in an R-3 zoning district at 2 Point Road (Map 114 Parcel 30A) Mashpee, MA. Timothy R. and Charlene Maciel and Deolinda Marinelli: Request a Special Permit under 174-45.4(1) of the Zoning By-laws for a legally existing accessory apartment on property located in an R-5 zoning district at 58 Saddleback Road (Map 43 Parcel 15) Mashpee, MA. James N. and Sharon A. DeFrancesco: Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side and front.setback requirements to allow for construction of an addition to an existing home on property located in an R-5 zoning district at 80 Scituate Road (Map 22 Parcel 79) Mashpee, MA. 17