05/14/2003 ZONING BOARD OF APPEALS Minutes

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r Mashpee Zoning Board ofAppeals Minutes May 14,2003 3 In 1987 the deeds were changed to the present. It would have been easy for them to put these lots in separate ownership but they did not do it. They kept paying their tax bills. These lots have been taxed as separate buildable lots sine 1955. In May 2003, parcel 45 showed $1,625; parcel # $1,711. In 2000 the Kagans who also owned lot#9; went to Cape & Islands to start the permitting process. They have always been under the impression that these lots are buildable. Mr. Slavinsly informs the Board that all of the departments know about changes except the assessing department. The area is where the problem is—2 acre zoning. He mentions all of the lots in the neighborhood—all range between 30 and 40,000 square Feet. These lots in question are the two biggest lots in the neighborhood and should not be denied building status as they are not detrimental to the neighborhood. IIIc. Fagan apparently kept the wrong two lots (lots that are not directly abutting each other; hence they would not be sitting here tonight). lir. Slavinly states that the Board has granted this type of relief more than once recently. They would like to show that putting to 3-bedroom) hones with de-nitrification systems would be the hest solution for the neighborhood. Alternatively, if the lots are combined to total over 80,000 square feet a very large possibly 8 bedroom hone could be built. This would affect the nitrogen-loading situation in a big way. He then submits plans to be part of the record to show a proposed 3-bedroom house with no zoning implications on each lot. Applicants aro willing to concede to limiting these houses to 3 bedrooms. The roadway is discussed with the Board. All abutters are on a dirt road and wish to remain so. Mr. Slavinsy will go to the Conservation Department when he gets something from the ZA. They discuss back and forth where on the lots the proposed houses would go. The lots are steep but applicants will move the houses wherever on the lot to male it wort . The Board opens the hearing to any abutters with comments Andrew Gottlieb a resident of Pickerel Cove, questions the legal basis for a lot size variance. He is of the opinion that a legal basis for granting a lot size variance does not exist. He questions the de nitrification system and that of a proposed 8 bedroom. He has differing opinions on the design flows. Ellen Kagan spears regarding what her father Jacob Fagan had planned to do with these lots. She informs the Board that her family loved Mashpee and her father helped out the parents of Mr. Gottlieb and Mr. Brecker. She is not happy that these men are making things difficult for the Iagans. Arthur Brecker, a Pickerel Cove president, refutes what was said by Ellen Kagan. He says the money for the lot in question came from his uncle and that what Ms. Fagan said was a lot of"bologna". He is not concerned with an 8 bedroom hone being built—he has bedroom with a substantial addition. He does not want more houses to be built one on top of another on the late. It should be kept as a 2 plus acre parcel and not subdivided. Torn Choate: 43 Pickerel Cove Road. He lives on the dirt road. The goad is tiny and torn p even winter, which he pays to maintain. He wants one house not two. He states thea are 3 cars to every house—to have 6 cars will ruin the road.