02/02/2005 ZONING BOARD OF APPEALS Minutes

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Zoning Board Of Appeals Minutes • 3 February 2, 2005 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, Evano Cunha and Jonathan Furbush. Jamie Regan stepped down from this hearing and left the room. John Slavinsky of Cape & Islands Engineering represented this petitioner at this continued hearing. In summary, this matter has been before the board three times and the applicant's engineer has taken into consideration Town Counsel's opinion that the lot in question contains 6,000 square feet and that is what the Board should work with regarding lot coverage. Mr. Slavinsky has reduced the house size to 1,341 square feet which would require a 23% lot coverage variance if the Board judged the lot to be 6,000 square feet as Town Counsel is suggesting that they do. Mr. Slavinky has also drawn the house to show the average setback rule could be applied so that all the houses are lined up with each other. The Board discusses the possibility of a 6,000 square foot total and a 7,000 square foot total. Fred Borgeson said he feels they should go with Town Counsel's advice and stay with 6,000 square feet. Mr. Nelson and Ms. Elizenberry also feel it is appropriate to follow the advice of Town Counsel. However, the request of a 2.3% lot coverage variance is addressed. Mr. Borgeson mentions that several years ago the Board • decided to keep the houses at a 20% maximum for lot coverage and would like to stick to that decision. Mr. Nelson feels this may be a unique situation whereby the lot fronts Rock Island Road and therefore the applicants buffer lot that others in the neighborhood were able to use in their square foot total is unavailable to the MacKinnons. Mr. Nelson suggests that if the variance is granted that these lots be sold as one parcel in the future and that the average setback rule will be applied. The Board seems to agree to this, as does Mr. Slavinsky. Robert Nelson makes a motion to grant the following: ✓ A 4.5 foot variance on the northerly side ✓ An 11 foot variance from Cross Street using the average setback rule ✓ A 2.3% lot coverage variance Zella Elizenberry seconds the motion. All agree. So moved. Reference plans from Cape & Islands Engineering, dated October 1, 2004, revised November 8, 2004, revised January 3, 2005, revised January 20, 2005, File 125MA. Also reference Town Counsels opinion letter dated December 8, 2004. Robert Nelson moves to grant the Special Permit to demolish the existing dwelling and rebuild a new dwelling. Zella Elizenberry seconds the motion. All agree. So moved. .John and Cathv Power: Request a Special Permit from Section 174-25 (I)(9) of the Zoning By-laws in order to construct, maintain and license a walkway, pier, ramp and float on the shore of Great River with maintenance and perpetuity on property located in • an R-3 Zoning District at 47 and 17 Waterline Drive (Map 120 Parcels 146 and 147) Mashpee, MA. Owner: New Seabury Properties LLC, c/o Little Neck BayAssociates