05/14/2003 ZONING BOARD OF APPEALS Minutes

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f r f Mashpee Zoning Board of Appeals Minutes May 14, 2003 not rule on this as it was not of significant important. The lot lire is 6 '/ feet from the planned travel way. The garage would then be 15 V feet from the travel way. Mr. Slavinsky informed the Board that the Conservation Department received a letter from Tole Counsel stating that the people that use that travel way notified and they were by certified mail. Mr. Nelson moves to deny the request for the Variance. Motion is seconded. So moved. The special permit is discussed further. Mr. Felson again suggests that this lot be put in perpetuity with Mr. Benway's hone and must be sold together so long as there is a building on it. Mr. Nelson asps the Board for a vote for the Special Permit—Attorney Terry asps what the motion was? Mr. Felson then makes a motion to grant the Special Permit. Neither Mr. Brenn nor TFTs. Elizenberry will second the notion. Ms. Elizenberry states that she will not support this motion and does not life the idea of a freestanding garage. Kira Tessier, a former neighbor of Monomoscoy Island, states that other buildings have been built and that all must get along over there. Mr. Regan mentions that perhaps the applicant should research other situations lite this to show precedent. Mr. Benway notes that he is shocked that personal preferences are being sited as reason to deny the application. Mr. Benway, rather than have the permit denied, would like to have it continued for more research. Continued to June 11, 2003. Extension Form is signed at the hearing until June 11, 2003. Anthony Shuman and Dorothy Kagan: Request a variance from Sections 174-21, 174- 1 and 174-32 of the Zoning By-laws in order to vary the land space requirements, acquire road access and have this deemed a separate and buildable lot on property located in an R-5 zoning district at 29 Pickerel Cove Circle Map 14 Parcel l lashpee, MA. AND Anthony Shuman and Dorothy Kagan: Request a variance from Sections 174.21, 174- 31 and 174-32 of the Zoning By-lags in order to vary the land space requirements, acquire road access and have this denied a separate and buildable lot on property located in an R-5 zoning district at 25 Pickerel Cove Circle {Map 14 Parcel 1 ashp e, MA Sitting: Robert Nelson, Zella Elizenberry and Marshall Barn. Mr. Regan steps out of the room). John Slavins y of Cape & Islands Engineering represent the petitioners. Mr. Fagan and Mr. Shuman purchased this property in 1955. lin 1956, the Town subdivided it into 1 lots on the water(except one). In 1961, a slight change was made to lot ; it was made into 2 smaller lots, which were sold to Gottlieb in 1961. when Mr. Kagan marketed these lots, it was done so with the idea that this was the way it was going to be --this was the development as shown—not chopped up any further. Mr. Kagan was well informed on zoning issues. Mr. Kagan died in 1977. In 1983, R-5 zoning came into effect. There were at that point some inquiries made about the protection of these lots and the grandfathering of the zoning. The I agars were told they had nothing to worry about. The Town has a by law that states if you owned 3 abutting lots that appeared on a subdivision plan prior to 1975 those lots were protected. So the Kagans thought they were all set. In 1986 that zoning bylaw was stricken from the Town at a town meeting.