02/27/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—February 27, 2002 2 Board of Appeals Mr. Brem moved to grant the Special Permit, subject to findings 1 — 12 and Down Cape Engineering, Inc. plan entitled `Title 5 Site Plan of 65 Bayview Road, in the Town of " I' Mashpee, Prepared for Warren DeVoe, Date: December 8, 2001, December 21, 2001'. Mr. Guerrera seconded. All agreed. Richard W. & Mabel L. Mell—Request a Variance from Section 174-31 of the Zoning j By-laws to vary the side setback requirements to allow for addition of a deck to an existing home on property located in an R-3 zoning district at 90 Bluff Avenue (Map 118 �I Parcel 55) Mashpee, MA. Sitting: James E. Regan 111, Frederick R. Borgeson and Marshall A. Brem. l ,' I IIIc Mr. Mell represented the Petition and submitted a letter from a direct abutter in approval of the proposal. Mrs. Mell also attended the meeting. Mr. Mell said that plans call for the deck to be constructed over the existing concrete patio. Mr. Brem asked the exact Variance relief being requested and informed Mr. Mell that the � Board r must s establish the required findings a q g s defined m the Massachusetts General Laws. � These findings would include unusual soil conditions or topography, hardship, and that the proposal would not be detrimental to the public. Mr. Brem said that he visited the site and asked Mr. Mell to define the nature of his hardship. Mr. Mell stated that the proposal III' j Ii would not encroach any further on the setback requirements. The Board clarified that a patio is not included in calculating lot coverage, but that a deck is included. The proposal would exceed the allowed 20% lot coverage. Mr. Regan expressed concern that the house could potentially be expanded over the deck in the future. He said that would present a problem, particularly in the Popponesset area. Messrs. Guerrera and Borgeson pointed out that the Petition did not request relief from the lot coverage requirements. �I After some discussion, Mr. Mell requested Withdrawal Without Prejudice of the above-referenced Petition. Mr. Borgeson moved to accept the request for Withdrawal j Without Prejudice. Mr. Brem seconded. All agreed. Lambrini Menounos & Effie Mellos—Request a Special Permit under Section 174-20 of I, the Zoning By-laws to demolish an existing structure to allow for construction of a new single-family home on property located in an R-3 zoning district at 140 Captains Row I' (Map 96 Parcel 23) Mashpee, MA. Lambrini Menounos & Effie Mellos—Request a Variance from Section 174-31 of the j Zoning By-laws to vary the front setback requirements to allow for construction of a new single-family home on property located in an R-3 zoning district at 140 Captains Row (Map 96 Parcel 23) Mashpee, MA. I' Anyone can sit. The ZBA received a fax from J.E. Landers-Cauley, engineer for the r o'e p � ct, requesting a continuance of the above-referenced Petitions due to a conflict in scheduling. Mr. Borgeson moved to continue the Petitions until March 13, 2002. Ms. Elizenberry seconded. All agreed. 'x. i