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Mashpee Zoning <br /> Board of Appeals Wayne MacKinnon <br /> 3 V-04-154 <br /> Mr. Nelson realized at this point that the Board does not have a quorum since Mr. Cunha <br /> and Mr. Furbush were not officially a member of the board at the time the hearing <br /> commenced. Therefore he asked Mr. Slavinksy if this testimony tonight could be <br /> referred to as informal and Mr. Slavinsky agreed with this. <br /> There are many neighbors concerned with the intensification of the neighborhood and do <br /> not want anymore large trophy homes being built on such small lots. Mr. James Collins <br /> has previously submitted testimony against the fact that the small buffer parcel should be <br /> counted as square footage and speaks again to tell the Board to please consider the same <br /> concerns he and many other neighbors have. <br /> Bob Nelson informs Mr. Slavinsky that they have received the opinion from Town <br /> Counsel informs the audience of the answer. Town Counsel's opinion is such that the <br /> property is comprised of two separate parcels—one 50' x 60' containing 3,000 square <br /> feet and one that is 50' x 120' containing 6,000 square feet. In 1991, the deed conveying <br /> the two parcels defines the southwesterly boundary as by Rock Island Road, (50) feet. <br /> Rock Island road lies within this subdivision which deed places a restriction that no <br /> structures shall be erected thereon which serves to protect the right of passage over the <br /> way identified as Rock Island Road. This road separates the two parcels in question for <br /> the reasons set forth above and due to "one ownership" issue whereby others own this <br /> and have rights of passage to this 3,000 square foot parcel. So, in the definition of a lot, <br /> they shall be considered two separate parcels whereby only the 6,000 square foot parcel <br /> can be used in the calculation of lot coverage. <br /> Mr. Nelson and Ms. Elizenberry both state they will be adhering to the opinion of <br /> Attorney Costello and will maintain that the lot is considered at 6,000 square feet. Mr. <br /> Nelson further states that although other lot coverage variances have been issued in the <br /> past, this particular lot has street frontage on Rock Island Road as well as Cross Street. <br /> The roadway does not go through the other parcels. He further noted that no abutters had <br /> any problems with the previously granted variances—that is not the case here. Mr. <br /> Nelson informs Mr. Slavinsky that since he is using the average setback requirement on <br /> the front he wants to see that incorporated on a new set of plans. Mr. Slavir-lcy agrees to <br /> provide the board with that and will now be looking for a 5.7% lot coverage variance <br /> since the lot he will be using is now only considered to be 6,000 square feet. Mr. <br /> Slavinsky asks that this matter be continued until January 26, 2005. <br /> In summary, this matter has been before the board three times and the applicant's <br /> engineer has taken into consideration Town Counsel's opinion that the lot in question <br /> contains 6,000 square feet and that is what the Board should work with regarding lot <br /> coverage. Mr. Slavinsky has reduced the house size to 1,341 square feet which would <br /> require a 2.3% lot coverage variance if the Board judged the lot to be 6,000 square feet as <br /> Town Counsel is suggesting that they do. Mr. Slavinky has also drawn the house to show <br /> the average setback rule could be applied so that all the houses are lined up with each <br /> other. The Board discusses the possibility of a 6,000 square foot total and a 7,000 square <br />