11/10/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Wayne MacKinnon 2 V-04-154 designed a house using a total of 9,000 square feet as the total size of the lot and still keeping the lot coverage under 20% (at 17.6%) The houses currently on Rock Landing Road all line up together at a certain distance from the Road and petitioner contends to keep that the same. The Board may use the average setback rule if they deem it appropriate and not have petitioner go back to the 40 feet currently required by the Mashpee By-laws. Mr. MacKinnon's property line does in fact extend through Rock Landing Road, a road traveled by all residents that live in Rock Landing Park. Mr. MacKinnon is also being taxed on a 9,000 square foot lot and contends that it is his right to use the 9,000 square foot total although admittedly, all of that is not buildable. The neighbors vary greatly in their opinions of this matter. The following people have spoken out against Mr. MacKinnon using a total 9,000 square feet as his total lot size. Mr. Peter Reidel Rock Landing Road Mr. Jim Collins 6 Rock Island Road Betsy Hemming and John Hemming 20 Cross Street Walter Dardano Rock Island Road These parties all feel that due to the fact that the buffer parcel of land (the one with 3,000 square feet) runs through Rock Landing Road and is traveled on by the residents, it should not go towards the total amount of square footage for him to get his lot coverage from. The neighbors are requesting that the proposed total square footage of the house be reduced to 1,200 square feet. They want Mr. MacKinnon to use 6,000 square feet as his total lot size which would accommodate a 1,200 square foot house and not a 1,400 square foot house that parallels with a 9,000 square foot lot size. Mr. Brem feels that this should be referred to Town Counsel for a specific interpretation of the by-law and reference thereof. After some further comments and discussion, the Board feels that an answer from Town Counsel is the best way to go. The Board moves to continue this matter until December 8, 2004 so that Attorney Costello can render an opinion as to whether or not there are two parcels or one parcel and what the total square footage is that would be available to work with on lot coverage. Mr. Slavinsly states that the assessor's map shows both parcels are combined and show the board the tax bill and map containing one parcel that is .21 acres or 9,000 square feet. There were 7 different projects in this neighborhood that were granted variances on lot coverage some up to 29%. Mr. MacKinnon would not need a lot coverage variance if his lot were considered to be 9,000 square feet. If the lot were subdivided today, it would be considered a cluster subdivision due to the small lots and would be allowed up to 30% lot coverage. Mr. Slavinsky. further states that if the lots were meant to be separate they would be taxed separately and they are not.