05/26/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals May 26, 2010 Mr. Reiffarth moved to grant a Finding of fact on the subject property. Mr. Nelson • seconded the motion. All were in favor. This Decision is conditioned upon compliance with Merrill Associates, Inc. plan entitled: "Plot Plan #116 Main Street, Mashpee, Massachusetts Applicant: Mark Baker 116 Main Street Mashpee, MA 02649 April 15, 2010." Mr. Baker signed a request for Withdrawal Without Prejudice of the Petition for a Variance V-10-23. The Board accepted the request. Eric M. Benway: 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. Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, Peter Hinden and Ronald S. Bonvie. Mr. John Slavinsky of Cape & Islands Engineering represented the Petitioner. Mr. Nelson stated that there is no need for a Finding of Fact. Mr. Slavinsky said that he would like to withdraw the Petition for a Finding of Fact. The Board accepted the request. Eric M. Benway: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the lot size requirements, the front setback requirements, and lot frontage requirements 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. Sitting: Robert G. Nelson, Jonathan Furbush, James Reiffarth, Peter Hinden and Ronald S. Bonvie. Mr. John Slavinsky of Cape Islands Engineering represented the Petitioner and stated that the proposal calls for an addition to the home on the subject property. Lot coverage will be 18.6%. Mr. Slavinsky said that a denitrification system with an ultraviolet light for the effluent will be installed. Mr. Nelson stated that the two parcels will be combined to create one parcel at 2 Point Road. Mr. Bonvie confirmed that the Petitioner will not be able to separate the combined parcels in the future. Ms. Delores Southwick of Waban, Massachusetts who owns several abutting plots of land on Monomoscoy Road, Hill Road and Amy Brown Road attended the hearings. She asked the Board if it would grant her "similar advantages" on her parcels of land. The Board asked if she meant she was talking about Variance relief, to which she replied: "Exactly." Mr. Nelson stated that the Board's Decision would depend on several conditions that would detennine if she met the criteria for Variance relief. . No other comments were received from abutters: 2