04/28/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Minutes Board of Appeals April 28, 2010 • Mr. Nelson expressed concern with the filing for a Finding of Fact. He said his opinion is that the Petitioner also needs a Variance. Mr. Slavinsky repeated that the subject parcel was created as an individual lot in 1913 and has no setback restrictions. Mr. Stevens answered that the zoning has changed. Mr. Reiffarth said that the proposal to combine the two lots creates a problem. Mr. Nelson said that he has cautioned the Board about using Section 174-17 (Finding of Fact) when there is also a need for Variance relief. He said that this recent request for an "opinion for a finding of fact' was started by the Town Planner. Mr. Nelson said that the Board is "going too far" in granting a Finding of Fact and including a Variance in the Finding. Mr. Slavinsky offered to withdraw the Petition and re -file. The Board agreed that it would be a good idea. The Petition was Withdrawn Without Prejudice. 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. Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, John M. Dorsey, Peter Hinden. Mrs. Deolinda Marinelli and her daughter, Charlene Maciel, represented the Petition. Mrs. Marinelli and her daughter are the new owners of the home at 58 Saddleback Road. • Mrs. Marinelli said that she submitted the proper paperwork to legalize the existing accessory apartment. Mr. Nelson confirmed that with the sale of a home, the Special Permit for an accessory apartment expires. He said that he has no objection to granting the Petition. • Mr. Furbush asked for the dimensions of the accessory apartment. Mrs. Marinelli replied that it consists of a kitchen, living room, bedroom and bathroom. Mr. Furbush asked again for the square footage. Mr. Nelson said that the Building Inspector submitted a letter in approval of granting the Special Permit. Mr. Nelson said, in view of that, the Building Department has examined the situation. No comments were received from abutters. Mr. Reiffarth made a motion to grant a Special Permit. Mr. Nelson seconded the motion. All were in favor. 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. Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, John M. Dorsey, Peter Hinden. 2