01/12/2005 ZONING BOARD OF APPEALS Minutes

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Zoning Board Of Appeals Minutes • 1 January 12, 2005 TOWN OF MASHPEE Zoning Board of Appeals Minutes - Wednesday, January 12, 2005 The Mashpee Zoning Board of Appeals held a Public Hearing on Wednesday, January 12, 2005 at 7:00 P.M. at the Mashpee Town Hall. Board Members James Regan, Robert Nelson, Zella Elizenberry, and Richard Guerrera were present along with alternate board members Evano Cunha and Jonathan Furbush. Board Member Marshall Brem and alternate board member Frederick Borgeson were absent. Mr. Regan brought the meeting to order at 7:00 p.m. Mr. Nelson read the last minute continuances for various reasons. Continued Matters Wavne MacKinnon: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the current setback requirements and landspace requirements in order • to build a new dwelling on property located in an R-3 zoning district at 17 Cross Street Map 128 Parcel 21) Mashpee, MA. Wavne MacKinnon: Requests a Special Permit from Section 174-20 of the Zoning By- laws to demolish the existing dwelling and rebuild a new dwelling on property located in an R-3 zoning district at 17 Cross Street Map 128 Parcel 21) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Richard Guerrera. John Slavinsky from Cape & Islands Engineering represented petitioner at this hearing. This matter was continued from December 8, 2004 so that the Board could obtain Town Counsel's opinion as to whether or not there are two parcels or one parcel and what the total square footage is that would be available to work with on lot coverage. Mr. Slavinsky states that the assessor's map shows both parcels are combined and show the board the tax bill and map containing one parcel that is .21 acres or 9,000 square feet. There were 7 different projects in this neighborhood that were granted variances on lot coverage some up to 29%. Mr. MacKinnon would not need a lot coverage.variance if his lot were considered to be 9,000 square feet. If the lot were subdivided today, it would be considered a cluster subdivision due to the small lots and would be allowed up to 30% lot coverage. Mr. Slavinsky further states that if the lots were meant to be separate they would be taxed separately and they are not. • Mr. Nelson realized at this point that the Board does not have a quorum since Mr. Cunha and Nh-. Forbush were not officially a member of the board at the time the hearing conmenced. Therefore he asked Mr. Slavinksy if this testimony tonight could be referred to as informal and Mr. Slavinsky agreed with this.