10/11/2006 ZONING BOARD OF APPEALS Minutes

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• Mashpce 7unins Boar([ ofAppc:lls Minutes Wobcr 1 I. 2006 • Iro lin, vari; lwe and a 17.321 foot landspuce v:u'iancc. Jonathan I urhush seconds the notion. All agree. So moved. A roll call vote is taken. ivIr. Bram votes yes. iMr. Furbush votes yes. Mr. Nelson votes yes. Ms. Ekenberry votes yes. Mr. Borgeson votes yes. Reference plans from Down Cape Engineering, Inc. of Yarmouthport. MA. dated September 25. 2006. `dew Public Hearin -''s Michael and Sandra Lahart Rcqucst a Special Permit from Section 174-45.4 of ilia Zoning Liv -laws in order to build all accessory apartment on property located in an R-; zoning district at 630 Uhl Barnstable Road (Map 79 !Qmcl 91 ) Nlashpcc. iNIIA. tMichael and Sandra Lahart: Request a Variance from Section 174-45.4(c) of die zoning by laws to exceed the maNimum requirement for gross floor area of 40% to build an accessory apartment on property located in an R-5 zoning district at 630 Old Barnstable Road (Map 79 Parcel 9 1 ) tMashpee. ilvIA. Sitting: Robert Nelson. UK I:lizenherry. Marshall Bran. Frederick Bor gcson. and Jonathan Forbush. .John Slavinskv of Cane & Islands EnAncering represents the applicant at this hearing. • '1 -hey are seeking a variance for an addition and a special permit Ior an in-law aparmient. '['lie plans are presented to the board. The matter is two fold since applicant needs the square lboulge of the addition in order to keep the inlaw apartment within the 40" maximum gross square footage allowance. The main dwelling without the addition is 1.700 square feet which would put the accessory apartment at 5555 which is well over the 40% ma.Ninrtun. .John Slavinskv informs the board that they would just have to conk back mice and it scams the by -Jew is somewhat confusing in that regard. Mr. Lahmi is S3 vans old and time does matter here. Mr. 13nrgeson has a problem with the accessory ap:u'uncnt being over=4W%:n this su, and leek he shndd come hack after the addir,nn is complete. i\,h'. Slavinsky asks the Board what they believe constituies an acccs,ui:r apartment' The limier building inspectors interpretation was just a stove — Rich Stevens who is present disagrees. Z_ella Elizenberry indicates a negative vote at this time. Frederick Borgeson indicates a negative vote. Mr. Nelson informs i\4 r. Slavinskv at this time that he can see where this is going. Mn Slavinskv takes a moment to discuss options with his client. Atter some discussion. iNdr. Slavinsky asks to withdraw both the special permit and the variance application. The Board accepts the request. Both notions are accepted for withdnmal. !\11tricne Susialka: Requests a Variance frnnl tiecuon 1 7-1-1, i of the /onin;_ ii . i.. vary the setback rcquirencnts in order to hull([ c>:pand e.\:istin , licing,pace on ;,lrur�:n., Incatwd in an R-5 zoning dist la at 160 Whccicr Road Qhp 49 Parcel 1) i\gashpec. tinting: IZohcrt Nelson. Zella E.lizenberry, Ndarshall Bran. Frederick 13orgcson. and • Jonathan Furbish.