06/08/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 6-8-05 • located in an R-5 zoning district at 84 James Circle (Map 64 Parcel 45) Mashpee, MA. Previous relief was granted for the buildability of said lot (V-03-66). Sitting: Robert Nelson, Zella Elizenberry, Frederick Borgeson, Jonathan Furbush.and Evano Cunha. Attorney Rob Mills represents the applicant for this hearing. Two years ago, this lot was brought before the Board to deem it a buildable lot. The Board granted a frontage variance and landspace variance since it was too small and did not meet the current zoning. It was purchased when the zoning was R-75 and did conform at that point. Attorney Mills feels that they really should not have to be here since the lot is non conforming and was already given a variance for buildability. However, that being said, his client cannot meet the sideyard setbacks and the frontyard setback with the house he has started to build. The foundation is already in and the building inspector has had a change of opinion that he could move forward without a variance. Mr. Mills says that his client thought that the previous variance was all that he needed to obtain. At the time the lot was granted to be buildable there was no house enveloped on the lot. Mr. Nelson asks for comments from the audience. Mr. John Dewey of 76 James Circle, direct abutter has some concerns. Mr. Mills states that his client has conferred with him and has agreed to compromise on some things. Mr. Dewey addresses the Board with his concerns that now his privacy has been taken away due to all of the trees that were removed. He does not have a problem with the house, however, since he cannot meet the 25 foot setbacks he would like the applicant to put up a fence to keep everything private for both parties. He would like the fence to match the one on the other side and it should be 8 feet in height. They have mutually agreed that the fence will start in the rear of the house and continue to the front line of the dwelling and be about one foot or so off the lot line and maintained by the applicant since it will be on his property. They have agreed to do this. The Board feels this is a good compromise. Frederick Borgeson moves to grant a 7.9 foot southerly sideyard variance and an 8 -foot frontyard setback variance. Jonathan Furbush seconds the motion. All agree. So moved. Scott Romero: Requests a Variance from Section 174-31 of the zoning by-laws to vary the frontage requirements and landspace requirements in order to rebuild a new dwelling on property located in an R-5 zoning district at 41 Captains Row (Map 90 Parcel 60) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Frederick Borgeson, Evano Cunha and Eric Dublirer. Carmen Shay, the engineer is representing the applicant at this hearing. They were previously granted a special permit to tear down the existing dwelling and during that hearing realized they needed variance relief for the frontage requirements and landspace requirements since the entire house is being demolished. So he is now before the Board to request that relief. The review the plans again and the lot coverage is 16.5% which is acceptable. Frederick Borgeson moves to grant a 46.47 foot frontage variance and a • 67,840 square foot landspace variance. Zella Elizenberry seconds the motion. Eric Dublirer votes against the matter. Evano Cunha votes in favor. Robert Nelson votes in favor. Motion carries by 4-1 vote.