10/27/2010 ZONING BOARD OF APPEALS Minutes

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0 0 0 MASHPEE ZONING BOARD OF APPEALS MINUTES October 27, 2010 A Variance of 18 feel from the front setback requirements from Monomoscoy Road. • A Variance of 1% from the lot coverage requirements. This is conditioned upon compliance with JC Engineering, Inc. plan entitled: "Proposed Site Plan at 207 Monomoscoy Road Mashpee, MA Prepared for: Capewide Enterprises Date: September 28, 2010". The Board's findings: • -Because the subject property abuts two streets and has two front setbacks, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the Petitioner. • This circumstance affects such land or structures but does not affect generally the zoning district in which it is located. • Because the parking will be relocated onto the property, the proposed lot coverage will be reduced, the southwesterly side setback will be improved and the proposal will conform to a rear setback requirement, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. This is conditioned upon compliance with JC Engineering, Inc. plan entitled: "Proposed Site Plan at 207 Monomoscoy Road Mashpee, MA_ Prepared for: Capewide Enterprises Date: September 28, 2010". Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Dorsey voted yes. The motion was passed unanimously. CONTINUED HEARINGS Brian Hyde Trustee of Krisharl Realty Trust: Requests a Special Permit under Section 174-45.4 of the Zoning By-laws.to allow for an existing accessory apartment on property located in an R-3 zoning district at 701 Great Neck Road South (Map 104 Parcel 125) Mashpee, MA. (Continued from September 22, 2010 at request of Petitioner). Messrs. Dorsey and Furbush stepped down from this Petition and left the room. Mr. Brian Hyde said that he has been a resident of Mashpee for 25 years and has seven children. He has worked for the Town of Mashpee for the last 22 years and is currently employed by the Town as Assistant Principal of Mashpee High School. Mr. Hyde said that his lawyer was unable to attend the meeting and respectfully requested a continuance of his Petition until November 10, 2010 to allow his attorney to represent him. Mr. Hyde said -that he did not feel comfortable without legal representation. Several abutters were also present. Mr. Nelson informed Mr. Hyde that Town Counsel has advised the Board that, unless the owner of record is residing in the primary residence on the subject property, the ZBA