01/09/2002 ZONING BOARD OF APPEALS Minutes

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TOWN OF MASHPEE Zoning Board of Appeals Minutes - Wednesday, January 9, 2002 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, January 9, 2002, at 7:00 P.M. at the Mashpee Town Hall. Board Members present were Vice Chairman James E. Regan III, Clerk Robert G. Nelson and Associate Members Richard T. Guerrera, Zella E. Elizenberry Frederick R. Borgeson and Marshall A. Brem. Building Commissioner Russell W. Wheeler also attended the meeting. Chairman u Edward M. Govoni was not present CONTINUED HEARINGS Jeannette J. Lazarovich—Requests a Variance from the lot size requirements as required in Section 174-31 of the Zoning By-laws and that the Zoning Board of Appeals determine that the property located in an R-5 zoning district at 11 Pondview Avenue, Mashpee, Massachusetts (Map 58 Parcel 79) is a separate and buildable lot. Continued from °1 12/12/01 Public Hearings to allow the Building Commissioner to conduct research—does garage on abutting lot provide grandfathering protection? i Sitting: Robert G. Nelson, Marshall A. Brem and Frederick R. Borgeson. Mr. Nelson stated that the Board conducted research and found that under Massachusetts General Laws Chapter 40A Section 6.4 regarding "separate lot" and "common lot" exemptions apply to vacant land and are not available to a lot which already contains or which once contained a structure. Mr. Nelson suggested that the Board should grant the Variance and allow Map 58 Parcel 79 to be considered a separate and buildable lot. Attorney John L. Kowalski of Clark, Balboni & Gildea stated that the subject lot is not a buildable lot. Attorney Kowalski asked for a continuance of the Board's decision to allow him an opportunity to prepare a statement. Attorney Kowalski attended the December 12, 2001 Public Hearings, was aware of the Boards' decision to continue the Petition until January 9, 2002 and had sufficient time in which to prepare a brief. Mr. Nelson said that the Board's decision to grant the Variance is based upon precedents set by Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn, 41 Mass. App. Ct 165, 168 (1996); Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 18 (1987). Mr. Nelson moved to grant the Variance. Mr. Borgeson seconded. All agreed. PUBLIC HEARINGS Willowbend Development Corporation—Requests a Variance from Section 174-47.0 of the Zoning By-laws to vary the setback requirements to allow for expansion of an existing golf course located in an R-3 zoning district in Mashpee. Massachusetts. Int