08/10/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 August 10, 2005 property located in an R-3 zoning district at 9 Tide Run (Map 126 Parcel 43) Mashpee, MA. Timothy Santos, Vice President of Holmes & McGrath Engineering represent the petitioners at this hearing. They are seeking a variance from the frontyard setback in order to build an addition. In 1987 there was a variance granted to erect a single family structure within 50 feet of the wetland resource area and within 25 feet from the ACEC boundary. This dwelling exists in a cluster subdivision where the frontyard setback requirements are 30 feet and they are allowed up to 30% lot coverage. Applicant is proposing to build the addition toward the front and is seeking a 3 -foot variance. The total lot coverage with the proposed addition will be at 22.3%. Marshall Brem informs the applicant that they are adamant about the maximum 20% lot coverage that they enforce in Mashpee. Mr. Santos informs Mr. Brem that the by-law clearly states that a cluster subdivision allows up to 30% lot coverage and they are not seeking a variance for that but for the frontyard setback requirement. Mr. Brem informs him that his feelings are set even if the by-law states that. He feels that the need for a variance, which is required from this board, will increase his lot coverage and he is against it. Zella Elizenberry agrees and so does Evano Cunha. Mr. Nelson explains to the Board that the applicant is well within his right to have 22.3% lot coverage and that is not what is being asked of the board to decide on. Mr. Santos also informs the board that the average setback rule can be applied where there are presently two abutting neighbors on either side that are at or about 25-28 feet from the frontyard lot line. The Board is in disagreement on the nature of the application. Mr. Nelson makes a motion to grant the 3 - foot variance. Zella Elizenberry votes to deny. Marshall Brem votes to deny. Evano Cunha votes to deny. Jonathan Furbush votes in favor. The motion is defeated 3-2. Motion is denied. Other Business: ✓ Zella Elizenberry makes a motion to accept the minutes from July 13, 2005. Marshall Brem seconds the motion. All agree. So moved. Zella Elizenberry makes a motion to adjourn the meeting. Marshall Brem seconds the motion. All agree. So moved. Meeting is adjourned at 9:05 p.m. Respectfully submitted, Lori Corsi, Office Manager, ZBA 0