03/28/2007 ZONING BOARD OF APPEALS Minutes

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' Mashpee Zoning Board of Appeals Minutes 2 March 28, 2007 Village development (Center Street and Schooner Lane) 2 of which will be affordable units on property located in a C-2 and R-5 zoning district at 340/342 Main Street (Map 36 Parcels 49 and 50) Maslipee, MA. This matter is opened and continued until April 11, 2007 due to ZBA's counsel's unavailability. Applicant's attorney has agreed to this continuance in writing. Robert Wilkinson: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from setback requirement, frontage requirements and landspace requirements in order to deem lot buildable to build a new dwelling on property located in an R-5 zoning district at 90 Pequot Avenue (Map 65 Parcel 121) Mashpee, MA. Sitting: Robert Nelson, Marshall Brem, Frederick Borgeson, Jonathan Furbush and James Reiffarth. David Barry represents the applicant at this hearing. They are seeking a variance on the lot size and frontage relief since the zoning in that area requires 80,000 square feet and 150 feet of frontage for a dwelling to be built on a vacant lot. There is a paper road as access to the property and the Board discusses that this needs to go before the Planning Board for their approval on the road issues. Additionally, there is some discussion on accessibility by the fire Department in an emergency. An abutter, Carlton Meredith • expresses concern over the request as well. He and his wife are against the granting of this variance. The Board tells Mr. Barry to get imput from the Fire Department and to visit the planning board — the matter is continued until April 11, 2007. Elizabeth Fulton: Requests a Variance from Section 174-31 of the Zoning By-laws in order to deem lot buildable on property located in an R-3 zoning district at 5 Point Road (Map 114 Parcel 38B and 38C) Mashpee, MA. Sitting: Robert Nelson, Frederick Borgeson, James Reiffarth, George Bolton, and Jonathan Furbush. (Marshall Brem recuses himself) Attorney Jeremy Carter represents the applicant at this hearing. Attorney Carter explains that the original variance that was granted was given an extension of one year. They attempted to obtain a building permit and were told that the Variance had expired after only a 6 month extension and that the Zoning Board had, in error, granted the applicant a one year extension without realizing they were not allowed to do anything more than 6 months. Mr. Carter's applicant is now before the Board again requesting the same variance so the lot can be deemed buildable. Nothing has changed, the lots were combined and the drainage problems were taken care of. Mr. Nelson apologizes to the applicant for their error. The Board reviews the old file and the subdivision plan. There are two letters of support read into the record by Mr. Nelson from Barbara Hitchcock and Eric and George Benway. Frederick Borgeson makes a motion to grant a 27,239 square foot variance. Reference plans from Cape & Islands Engineering, dated January 21, 2003 • as prepared for Elizabeth Fulton.