04/27/2005 ZONING BOARD OF APPEALS Minutes

Home Browse Search

• 0 Mashpee Zoning Board of Appeals Minutes 3 April 27, 2005 argues that the lot does not meet current zoning since it does not contain 40,000 square feet and does not meet the definition of a non -conforming lot because it had common ownership. Mr. Smith says that the cases Mr. Kirrane presented are not proper and that the cases he refers to are more appropriate. Mr. Brem asks Mr. Smith if he is opposed to everything being proposed here. He says he is not. Mr. Nelson feels this legal battle has gone on long enough and that it is far exceeding the ZBA's area of expertise. Mr. Kirrane asks to rebut those comments. He feels it is not Mr. Smith is wrong in that they are not reducing the size of the lot. The non -conformity of the lot is that they are now proposing to bring it back to current zoning. The setbacks are conforming where they are not presently conforming. Mr. Nelson has heard enough testimony regarding this matter and so has the Board. Frederick Borgeson makes a motion to grant the Special Permit. Zella Elizenberry seconds the motion. All agree. So moved. Mr. Borgeson conditions this motion on the easement of the driveway being defined. Mr. Reardon states that he is going to build a new driveway for his neighbor. Reference plans from plans from Christopher Costa Engineering of East Falmouth, MA, dated June 23, 2004, revised October 22,2004, revised October 29, 2004 and revised February 10, 2005, and building plans from Duxborough Designs dated February 15, 2005. Lawrence T. Herman: Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws to seek relief -from the front yard setback requirements and distance to wetlands requirements in order to build a roofed porch addition and entryway on property located in an R-3 zoning district at 43 Ucantena Road (Map 123 Parcel 61) Mashpee, MA. Lawrence T. Herman: Requests a Special Permit from Section 174-17 of the Zoning By-laws to alter a pre-existing non -conforming structure by building a roofed porch addition and new entryway on property located in an R-3 zoning district at 43 Ucantena Road (Map 123 Parcel 61) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson and Anthony Ferragamo represents the applicants at this hearing. They are seeking a special permit and variance in order to alter a pre-existing non -conforming structure and will need a frontyard setback variance and a rearyard variance. They are planning to remove the existing bulkhead to make a new entryway and add a mudroom. They would also like to put a roof on the existing porch and add a farmer's porch to the front of the house. The proposed lot coverage will be 19.6% with the new additions. They are not changing the number of bedrooms and have letters of support from the neighbors for this project. Marshall Brem moves to grant the Special Permit. Zella Elizenberry seconds the motion. All agree. So moved. Marshall Brem moves to grant a 5.8 foot front yard variance and a 13 foot rearyard variance from the wetlands. Frederick Borgeson seconds the motion. All agree. So moved. Reference plans from Cape & Islands Engineering, dated August 26, 2004, file no. 125MA, and architectural plans from Anthony Ferragamo of Mashpee, MA; dated March 30, 2005.