07/13/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 2 .hdy 13, 2005 Peter Briggs: Requests a Variance under Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build a 15' x 28' garage on property located in an R-5 zoning district 35 James Circle (Map 71 Parcel 46) Mashpee, MA. Attorney Ron Jansen asks that this matter be withdrawn without prejudice. The Board makes a motion to withdraw without prejudice — all agree. So moved. Peter and Patricia Briggs: Requests a Special Permit from Section 174-45.4 of the Zoning By-law in order to legalize and existing accessory apartment on property located in an R-5 Zoning District at 35 James Circle (Map 71 Parcel 46) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Evano Cunha, and Jonathan Furbush. Attorney Ron Jansen represents the applicant at this hearing. They are seeking a special permit in order to legalize an accessory apartment they have had in their home for over 10 years. Their daughter has lived in the apartment and at present the applicants/owners do not live there. Their daughter is very sick right now and they are planning to move into the house and when she gets out of the hospital, have their daughter live in the basement. There is adequate parking shown on the plan and the apartment contains 38% • of the gross area of the main dwelling. The Board of Health states that no additional bedrooms are allowed and they have three total. Attorney Jansen reviews all of the by- laws for the accessory apartments and tells the board that they are complying with all of the requirements. Zella Elizenberry asks Attorney Jansen why they took so long to cane forward to legalize this apartment. Mr. Janeson told her that his client was not aware that this was an illegal apartment and as soon as they realized it, they straigtened it out. Marshall Brem moves to grant the special permit. Zella Elizenberry seconds the motion. Robert Nelson votes in favor, Jonathan Furbush votes in favor and Evano Cunha votes againt it. The vote is 4-1 in favor and motion carries. Reference plans from Cape & Islands Engineering, dated January 5, 2005. Sharon Blakeman: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build a 24' x 10.5' farmers porch on property located in an R-5 zoning district at 11 Santuit Pond Road (Map 17 Parcel 10) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, James Reiffarth and Evano Cunha. Sharon Blakeman represents herself at this hearing. She is seeking a variance from the front yard setback in order to build a farmer's porch on her home. She is burdened with two frontages since this is a corner lot and the topography in the rear of the lot is difficult. The Board feels this would be an improvement to the home and the • area. The Board moves to grant the frontage variance. . Reference plans from Cape &