08/10/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 4 August 10, 2005 the Board a proposed dwelling that is 28% lot coverage. The Board previously told him that they only allow up to 20% lot coverage. Mr. Wurster explains that all his money is tied into this house and that without the ability to build the porch/deck that he wants he will not be able to fully enjoy the water view. Marshall Brem and Zella Elizenberry state that they are unhappy that Mr. Wurster is before them with a proposal to build a house that has 28% lot coverage after they already informed him they would not grant it. Mr. Brem asks him what his hardship is? Not being able to see the water is not a hardship nor is the size of the house he is trying to build. He should have done his homework before he purchased the lot. Mr. Wuster told the board that he was told a deck is not included in the square footage and therefore didn't think there would be a problem. The Board and Mr. Wurster go back and forth regarding the extra square footage. The bottom line is that Mr. Wurster needs to come back to the Board with a proposal that has no more than 20% with the idea of cantilevering the deck by four feet helping the situation. Mr Wurster asks that this be continued until August 24°i so that the can change the plans. The Board agrees to the continuance. So.moved. Keith Mendes: Requests a Special Permit from Section 174-45.4 of the Zoning By-laws to build an accessory apartment on property located in an R-5 zoning district at 587 Main Street (Map 20 Parcel 30) Mashpee, MA. Keith Mendes: Requests a Variance from Section 174-31 of the Zoning By- laws to vary the setback requirements in order to build an accessory apartment on property located in an R-5 zoning district at 587 Main Street (Map 20 Parcel 30) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Evano Cunha and Eric Dublirer. Keith Mendes represents himself at this hearing. He is seeking a special permit for an accessory apartment along with a variance to build a garage that the apartment will go above. The apartment will be for his parents who currently reside in Florida but have a trailer on Mr. Mendes property at the moment. The proposed garage needs a southerly side yard variance since they cannot meet the 25 -foot setback requirements. The apartment will be build over the garage. The Board informs Mr. Mendes that this must be owner occupied and does not go in perpetuity from one owner to the next; each owner must have their own special permit to have this accessory apartment. The Board reviews the plans and finds everything to be in order. Marshall Brem moves to grant a 3.63 southerly sideyard variance. Zella Elizenberry seconds the motion. All agree. So moved. Marshall Brem moves to grant the special permit. Zella Elizenberry seconds the motion. All agree. So moved. Reference plans from Carmen E. Shay, PE, of East Falmouth; MA, dated May 12, 2005 and plans from Craven Architectural Designs dated July 8, 2005. William and Nancv Whitnev: Request a Variance from Sections 174-31 and 174-47(B)(8) of the Zoning By-laws in order to build an addition, deck, stairway and bulkhead and from the requirement that a dwelling must not be less than 30 feet from the street frontage in a cluster development on