11/10/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes 3 November 10, 2004 on property located in an R-3 zoning district at 111 Shore Drive (Map 117 Parcel 335) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Marshall Brem and Richard Guerrera. John Slavinsky of Cape & Islands Engineering, represent the petitioner at this hearing. He is seeking to have an accessory apartment in the basement of the house they in the middle of building. The apartment will have an exterior stairway and will be open and have parking in the front. The Technical Review Committee has approved this as well. It will be owner occupied and not be given in perpetuity. The height of the entire new dwelling will be 29.10 feet. Marshall Brem moves to grant the special permit. Zella Elizenberry seconds the motion. All agree. So moved. Wayne MacKinnon: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the current setback requirements and landspace requirements in order to build a new dwelling on property located in an R-3 zoning district at 17 Cross Street Map 128 Parcel 21) Mashpee, MA. Wayne MacKinnon: Requests a Special Permit from Section 174-20 of the Zoning By- law's to demolish the existing dwelling and rebuild a new dwelling on property located in an R-3 zoning district at 17 Cross Street Map 128 Parcel 21) Mashpee, MA. Sitting: (James Regan steps down from this hearing) Robert Nelson, Zella Elizenberry, • Marshall Brem, Richard Guerrera and Frederick Borgeson. John Slavinky of Cape & Islands Engineering represents the petitioner in this matter. They are seeking a variance and a special permit in order to tear down the existing dwelling and rebuild a new dwelling, larger in size and therefore a variance is necessary for setback relief and landspace requirements. Mr. Slavinsky explains to the Board that petitioner's land consists of 2 parcels; one containing 6,000 square feet and another which has Rock Landing Road running through it, contains 3,000 square feet and is refered to as a"buffer zone". These parcels are registered in land court as such and petitioner has 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. MaaKinnon is also being taxes on a 9,000 square foot lot and contends that it is his right to use that fact that he has "9,000" 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