05/22/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 22, 2002 7 Board of Appeals iStephen M. & Sarah A. Daley—Request an Extension of Variance, V-01-80, a Variance from Section 174-31 of the Zoning By-laws to vary the side and front setback requirements to allow for construction of a deck to an existing dwelling on property located in an R-3 zoning district at 219 Waterway (Map 111 Parcel 74) Mashpee, MA. Sitting: James E. Regan III, Zella E. Elizenberry and Marshall A. Brem. The Zoning Board of Appeals voted unanimously on June 14, 2000 to grant the following: 1. a Variance of 4.3 feet from Waterway to the existing dwelling. 2. a Variance of 15.5 feet from Waterway to the proposed deck. 3. a Variance of 6.8 feet from Bosun's Lane to the proposed deck. The Variance is conditioned upon compliance with Ferreira Associates' plan entitled: "Plot Plan of Land Located in Mashpee—Mass., Prepared for Stephen M. & Sarah A. Daley, Date: May 22, 2000, Plan No. 05220PP". At the Public Hearings on July 25, 2001, Mr. Daley represented his Petition and stated that the Variance granted by the Zoning Board of Appeals on June 14, 2000 has lapsed. Mr. Daley said that he has been unable to contract a builder to start construction. The ZBA office received a request dated April 24, 2002 from Mr. Daley for a six-month extension of the Variance, V-01-80. Mr. Daley has still been unable to find a builder to start the proposed construction of the deck to the existing dwelling at 219 Waterway. No comments were received from abutters. Ms. Elizenberry moved to grant the six-month extension. Mr. Brem seconded. All agreed. This was allowed in compliance with Massachusetts General Laws Chapter 40A, Section 10, which reads "If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided,d, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period". Jose h P. He art —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 5 Sunset Circle, Mashpee, Massachus eftsMa ( p 64 Parcel 35) is a separate and buildable lot. Owner of record: Marjorie E., Brian D., Paul J., Thomas P., John F. and Mark S. Hegarty. Continued from March 27, 2002 to allow Petitioner opportunity to submit deeds and allow time for Town counsel opinion on the Petition. Sitting: Frederick R. Borgeson, Zella E. Elizenberry and Marshall A. Brem. i i