03/27/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—March 27, 2002 2 Board of Appeals Mr. Borgeson questioned if wetlands were included when the lot coverage was (I calculated. Mr. Landers-Cauley said that the wetlands are included when a subject property is grandfathered. Mr. Brem questioned the nature of the hardship that would justify the Board's grant of a Variance. Mr. Landers-Cauley said that the proposed entranceway was designed for aesthetic appeal. l i' No comments were received from abutters. � it Mr. Brem moved to Deny Without Prejudice the request for a Variance. Mr. Guerrera j seconded. All agreed. Because the Board voted unanimously to Deny Without Prejudice the request fora Variance, V-02-31, the Special Permit is conditioned upon compliance with a revision of the J. E. Landers-Cauley, P.E. plan entitled `SITE PLAN Prepared for Lambrini Menounos of Lot 46, #140 Captains Row, Mashpee, MA, Date: 10/11/O1, Rev. 1/9/02' showing that there shall be no encroachment into the front setback requirement. Mr. Brem moved to grant a Special Permit, subject to the above-referenced plan revision j and findings 1- 12 (denitrification system). Mr. Guerrera seconded. All agreed. PUBLIC HEARINGS John J. Cronin. Jr. —Requests a Special Permit under Section 174-17 of the Zoning � I By-laws for permission to expand a pre-existing, non-conforming structure with the l � i addition of a porch on property located in an R-3 zoning district at 54 Kim Path (Map 117 Parcel 96) Mashpee, MA. III, John J. Cronin. Jr. —Requests a Variance from Section 174-31 of the Zoning By-laws I l for permission to vary the lot coverage and front and side setback requirements to allow for the addition of a porch to an existing dwelling on property located in an R-3 zoning district at 54 Kim Path (Map 117 Parcel 96) Mashpee, MA. Sitting: Frederick R. Borgeson, Zella E. Elizenberry, and Richard T. Guerrera. Present: 1 II IIIl Marshall A. Brem. Mr. John Slavinsky of Cape & Islands Engineering requested a continuance of the I Il Petitions. Ili I �� The Board opened the Petitions to allow for abutters comments. Mr. Michael W. Kelley, ,i an abutter at 49 Kim Path, said that he was opposed to grant of a Variance because it jI ��I "ruins the aesthetics of the street the character of the street". He said that there are already two large decks on the subject home. Mr. Charles R. Prunier, a direct abutter at 50 Kim Path said that he could see no reason for hardship. He also said that the Board's grant of a Variance would set a precedent for other owners on Kim Path, who would want to extend their decks and encroach on the setback requirements. Mr. Borgeson read a letter from Eileen O'Neil Litts, which expressed concern that the Petitioner's use of heavy equipment would damage her septic system. i I ,