04/25/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Mintues 1 April 25, 2007 • TOWN OF MASHPEE Zoning Board of Appeals Minutes — Wednesday, April 25, 2007 The Mashpee Zoning Board of Appeals held a Public Hearing on Wednesday, April 25, 2007. at the Mashpee Town Hall. Board Members Robert Nelson, Zella Elizenberry and Jonathan Furbush were present along with alternate members James Reiffarth, George Bolton and Martin Gordon. Members Frederick Borgeson and Marshall Brem were absent. Mr. Nelson brought the meeting to order at 7:00 p.m. 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 12 1) Mashpee, MA. • Sitting: Robert Nelson, Zella Elizenberry, Jonathan Furbush, James Reiffarth and Eric Dublirer. All members were present at previous hearing and are eligible to vote. This matter was continued from March 28, 2007. David Barry represents the applicant at this hearing. They are seeking to build a new dwelling on this lot and have been informed that the lot does not meet current zoning for lot size or frontage. There appears to be some concerns from the Board regarding access to the property since the road is a paper road and not on the map at the moment. The Board informs Mr. Barry to seek some guidance from the Planning Board and their Consulting Engineer and to get a letter from the Fire Chief approving the road access situation. There is also some concern over the name of the road, which needs to be addressed as well. An abutter, Carleton Meredith feels the applicant does not have a compelling issue for the board to grant a variance. He feels this will decrease his property value and would like the Board do deny the variance. At the subsequent hearing on April 25, 2007, Mr. Barry produced the requested documents. The Fire Chief addresses the property in question in a letter dated March 30, 2007 and feels a paved road.is not required. The applicant is having the road name changed to Lori Lane as soon as the paper work goes through the Clerk's office. A letter from Charles Rowley, Planning Board's consulting engineer, addresses the other concerns the ZBA had. Again, an abutter, Carleton Meredith expresses his concern against the project and wants the Board to deny the variance request. The Board reviews all the plans and feels the variance is something they have granted in the past. All the documents that the Board has asked have been produced. The Board is most appreciative of the tinne and work Mr. Barry has put into this request. Jonathan Forbush makes a • motion to grant the variances. Zella Elizenberry seconds the motion. All agree. So