04/27/2005 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes 2 April 27, 2005 • states that its too bad the builders all seem to have put the houses in the middle of the lots thereby causing setback problems when people want to add garages or expand their property. Everything seems to be in order and the board is in agreement that they are fine with this request. Marshall Brem moves to grant a 10.5 foot variance on the southeasterly side. Zella Elizenberry seconds the motion. All agree. So moved. Reference plans from Yankee Land Surveyors of Marstons Mills, MA, dated February 22, 2005, reference number 37587 — C —2. John Reardon: Requests a Special Permit from Sections 174-17 and 174-20 of the zoning by-laws in order to alter and change a pre-existing non -conforming structure on property located in an R-3 zoning district at 55 Amy Brown Road (Map 109 Parcel 28) Mashpee, MA. Sitting: A Continued matter from April 12, 2005 — Robert Nelson, Zella Elizenberry, Frederick Borgeson, Jonathan Furbush and Evano Cunha. Attorney Kevin Kirrane represents the applicant at this continued hearing. They are before the board again to re -visit some issues regarding the ACEC and whether or not the terms of that by-law are being violated. Mr. Kirrane believes they are not. Mr. Nelson tells Mr. Kirrane that after researching the matter with the Town Planner, Conservation, Building Inspector and the Board of Health, they agree that the proposed project is 39' from the ACEC and that is more than the required 25 feet. Mr. Fudala has no problem • with this proposed dwelling. Mr. Kirrane informs the Board that they have moved the house back from the wetlands resource area to try and accommodate Mr. Smith's view and not be more detrimental to the area. The applicant wants to build this home for his retirement use. Mr. Kirrane also mentions that his client Mr. Reardon conferred with the previous building inspector who informed him that he would be able to obtain a building permit if he stayed within the footprint of the existing dwelling. Mr. Kirrane introduces a letter from the opposed abutter Howard Smith of 60 Amy Brown Road dated June, 2004 saying he was willing to work out a solution and that he was not opposed to everything being proposed for that lot. Mr. Nelson mentions that the driveway easement needs to be defined and Mr. Kirrane said he will speak with the previous owner to get that done. Mr. Kirrane again addresses the issue that Mr. Smith strongly disagrees with. When there are two buildings on a lot that pre -date the subdivision control law, the Massachusetts State law provides that two lots be created around the houses. Mr. Kirrane feels this new dwelling is not more detrimental to the area. Mr. Brem mentions that he researched the value of the surrounding houses and that they are all very high. The lot in question is valued in equal proportion and should be allowed to have a new dwelling on it. Howard Smith, Esq., abutter of 60 Amy Brown Road is extremely opposed to this dwelling being built. He feels that this lot is illegal and that by building this proposed dwelling they are exacerbating the undersized lot by making the house bigger. He feels it is law fully non -conforming that they are not making it illegally non -conforming by making it more detrimental to the area. They are substantially changing the look of the area. The surrounding houses all remain at about 3-5% for lot coverage and this house is is at 6.7% lot coverage. Mr. Kirrane mentions it is not 10% but 7%. Mr. Smith further