04/27/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 April 27, 2005 Is Mareot F. White. Trustee: Requests a Variance from Section 174-31 of the Zoning By- laws in order to seek relief from the lot size and frontage requirements in order to separate merged lots to create a single building lot on property located in an R-3 zoning district at 8 Chart Way (Map 106 Parcel 16 Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Evano Cunha and Jonathan Furbush. Attorney Kevin Kirrane represents the applicant at this hearing. They are seeking to separate two previously merged lots are currently being held in separate ownership. The lots have been taxed separately as buildable lots. Parcel 286 presently has a house on it and parcel 285 is a vacant lot. Robert Zammito of 36 Popponesset Island Road is a direct abutter and is opposed to another dwelling and more traffic congesting the area over there. Patricia Bell of 45 Popponesset Island Road is also opposed to the project. They built their house three years ago after conversations in good faith with the White's that nothing would be done with that property, so they configured their house accordingly. Had they known the intent was to sell the lot, they would have designed the house farther away from the lot. She feels they should work out a better solution that devaluing the property directly abutting them. The Board mentions to Attorney Kirrane that it has come to their attention from the Board of Health that the septic system for the house is on the other lot which poses • several problems. Mr. Kirrane was not aware of this matter and would like to continue this to look into it. A motion is made to continue this matter until June 22, 2005. All agree. So moved. Robert Garber: Requests a Variance from Section 174-31 of the Zoning By-laws for relief from the sideyard setback requirements in order to build two additions totaling 250 square feet on property located in an R-3 zoning district at 23 Mizzenmast (Map 125 Parcel 237) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson, and Evano Cunha. David Webb represents the applicant in this hearing. They are seeking a variance in order to expand their current bedroom and dining area. Mr. Brem asks what the hardship is? Mr. Webb says the shape of the lot prevents them from this small addition. The lot coverage will be at 19.6% including the proposed addition. Frederick Borgeson moves to grant a 5 foot variance on the northerly side and a 1.1 foot variance on the southerly side. Marshall Brem seconds the motion. All agree. So moved. Reference plans from Eric Shaw: Requests a Variance from Section 174-31 of the Zoning By-laws in order to seek relief from the sideyard setback requirements to build a 24' x 24' garage on property located in an R-5 zoning district at 6 Kristina Lane (Map 78 Parcel 104) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson, and Jonathan Furbush.