10/25/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals, Minutes 2 October 25, 2006 • been tied up in the Planning Board for the building of the street,.they are requesting a 6 month extension. Robert Nelson makes a motion to grant the six month extention until June, 2007. Marshall Brem seconds the motion. All agree. So moved. David Hufnaeel: Requests a Special Permit from Sections 174-17 and 174-20 in order to demolish existing dwelling and rebuild a new dwelling on property located in an R-3 zoning district at 58 Monomoscoy Road West (Map 114 Parcel 95) Mashpec, MA. Owner of Record: James Kahveit David Hufnaeel: Requests a Variance from Section 174-31 to seek relief from the setback requirements and landspace requirements in order to rebuild a new dwelling on property located in an R-3 zoning district at 58 Monomoscoy Road West (Map 114 Parcel 95) Mashpee, MA. Owner of Record: .lames Kahveit At the last minute, this matter has been continued until November 8, 2006 due to a pending Conservation issue. Southside Realtv Trust: Requests a Major Modification to Comprehensive Special Permit under Massachusetts General Laws Chapter 40B to eliminate the garages on four duplex buildings on property located in a C-2 and R-5 zoning district at 334 Main Street (Route 130) (Map 36 Parcel 47) Mashpee, MA. Owner: SM Realty Trust; John and • Gaile McShane Trustees. At this point, the matter may be withdrawn. However the Board will continue the matter until November 8, 2006 pending decision of applicants attorney. Thomas and Dale Choate: Requests a Variance on Sections 174-31 for setback relief and lot size relief from the Zoning By-laws in order to build house and garage on property located in an R-5 zoning district at 43 Pickerel Cove Road (Map 14 Parcel 7) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Frederick Borgeson, Marshall Brem, and Jonathan Furbush. John Slavinsky of Cape & Islands Engineering represents the applicant at this hearing. Applicant is requesting several variances to take the existing dwelling down and replace it with a new house and 4 -car garage. They need side yard variances, (of less than a foot) a frontage variance and landspace relief. The lot is 43,300 square feet and that area requires 80,000 square feet. The Board reviews the site plan and Mr. Brem notices that the proper address for the property should be 43 Pickerel Cove Circle but has been advertised as 43 Pickerel Cove Road. That needs to be re -advertised with the property street name. Mr. Nelson asks if there are any abutters interested in this property. Ellen Kagan of Pickerel Cove Circle is in the middle of a lawsuit with the applicant. Ms. Kagan and her family have owned many acres of property in Pickerel Cove Circle for • since the 1960's where her father developed the land and gave much of it to Mashpee. Ms. Kagan and her family attempted to do much the same as Mr. Choate is doing and