01/12/2005 ZONING BOARD OF APPEALS Minutes

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Zoning Board Of Appeals Minutes • 2 January 12, 2005 There are many neighbors concerned with the intensification of the neighborhood and do not want anymore large trophy homes being built on such small lots. Mr. James Collins has previously submitted testimony against the fact that the small buffer parcel should be counted as square footage and speaks again to tell the Board to please consider the same concerns he and many other neighbors have. Bob Nelson informs Mr. Slavinsky that they have received the opinion from Town Counsel informs the audience of the answer. Town Counsel's opinion is such that the property is comprised of two separate parcels — one 50' x 60' containing 3,000 square feet and one that is 50' x 120' containing 6,000 square feet. In 1991, the deed conveying the two parcels defines the southwesterly boundary as by Rock Island Road, (50) feet. Rock Island road lies within this subdivision which deed places a restriction that no structures shall be erected thereon which serves to protect the right of passage over the way identified as Rock Island Road. This road separates the two parcels in question for the reasons set forth above and due to "one ownership" issue whereby others own this and have rights of passage to this 3,000 square foot parcel. So, in the definition of a lot, they shall be considered two separate parcels whereby only the 6,000 square foot parcel can be used in the calculation of lot coverage. Mr. Nelson and Ms. Elizenberry both state they will be adhering to the opinion of Attorney Costello and will maintain that the lot is considered at 6,000 square feet. Mr. • Nelson further states that although other lot coverage variances have been issued in the past, this particular lot has street frontage on Rock Island Road as well as Cross Street. The roadway does not go through the other parcels. He further noted that no abutters had any problems with the previously granted variances — that is not the case here. Mr. Nelson informs Mr. Slavinsky that since he is using the average setback requirement on the front he wants to see that incorporated on a new set of plans. Mr. Slavinky agrees to provide the board with that and will now be looking for a 5.7% lot coverage variance since the lot he will be using is now only considered to be 6,000 square feet. Mr. Slavinsky asks that this matter be continued until January 26, 2005. The Board votes unanimously to continue this matter until January 26, 2005. So moved. Chilton Development Co., Inc.: Requests a Special Permit from Sections 174-17 and 174-20 of the Zoning By-laws in order to alter a pre-existing non -conforming structure and reconstruct new dwelling on property located in an R-3 zoning district at 166 Waterway (Map 1 11 Parcel 89) Mashpee, MA. Owner of Record: Daisv Orent Sitting: James Regan, Robert Nelson, Zella Elizenberry, Richard Guerrera and Evano Cunha. The Board called this matter for review and Mr. Grotzke was not present. This matter has been continued numerous times. Zella Elizenberry moves to deny this motion without prejudice. Richard Guerrera seconds the motion. All agree. So moved. • Luz Hernandez: Requests a Special Permit from Section 174-45.4 of the Zoning By- laws in order to legalize an existing accessory apartment on property located in an R-5 zoning district at 58 Saddleback Road (Map 43 Parcel 15) Mashpee, MA.