09/10/2008 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee, MA - Zoning Board of Appeals Minutes 09/10/2008 Pagel of 2 Mashpee, Massachusetts Mashpee Town Hall 16 Great Neck Road North, Mashpee, MA 02649 Phone: (508) 539.1400 Zoning Board of Appeals Minutes 09/10/2008 Zoning Board of Appeals Minutes — Wednesday, September 10, 2008 The Mashpee Zoning Board of Appeals held a Public Hearing on Wednesday, September 10, 2008 at the Mashpee Town Hall. Board Members Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey were present. Alternate member Peter Hinden was also present. Zella Elizenberry, alternate member was absent. Chairman Robert Nelson opens the hearing at 7:00 p.m. Robert Nelson addresses the Board regarding some issues. During a seminar with Town Counsel the matter of •individual liability was brought up. The Board is covered under errors and omissions, except any actions taken in executive session which he will not enter into unless absolutely necessary or directed by town counsel or the Board of Selectmen. Mr. Nelson also informs the Board that the five regular members will be sitting on each matter presented before the board and he will name each member aloud before the matter is heard. Addionally, the Chair will obtain the name and address of anyone addressing the Board during a hearing. Jonathan Furbush reads the continuances. Edward Gianorasso of Mohican Ave. is here for the continued matter of Marsolais. He asks the Board some questions about wetland variances and how they are granted. Mr. Nelson informed him that much of it is a conservation issue and that was not making the lot buildable just for that reason. Mr. Nelson told him the Marsolais matter is continued uhtil September 24th and if he is interested, he can attend that hearing to see what the outcome is. Patricia Vovles: Requests a Variance from Section 174-31 of the Zoning By-laws to seek landspace relief to deem lot buildable on property located in an R-5 zoning district at 55 Pequot Road (Map 72 Parcel 68B) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, Jack Dorsey and William Blaisdell. David Barry represents the applicant at this hearing. They have been granted a variance in the past on two different occasions. The variance expired due the fact that no building had begun on the lot. Mr. Barry informs the Board that they have filed with the Planning Board and a road design is being done at the present time. Mr. Nelson informs Mr. Barry that the road design is of no concern to them and they are just interested in the lot itself. Applicant needs a landspace variance in order to deem the lot buildable. Building Commissioner Richard Stevens tells the Board that there has been a Building Permit application in his office for months waiting for the ZBA and the Planning Board to grant the request to deem the lot buildable. Mr. Barry tells the Board that the economy has caused hardship to get the lot sold and that is why no building has begun. The Board refers to the previous variance and the new set of •plans. James Reiffarth makes a motion to grant a 63,500 landspace variance. William Blaisdell seconds the motion. All agree. So moved. Reference plans from Christopher Costa & Associates, Inc. of East Falmouth, MA, dated August 18, 2008. Other Business: http://www.ci.mashpee.m a. us/Pages/MashpeeMA_ZBAMin/1021534AE?texLPage=1 3/18/2010