05/22/2002 ZONING BOARD OF APPEALS Decisions

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� 'y Town of Mashpee N � ' yMASHPEE ZONING BOARD OF APPEAL 16 great JVeck load Arth ! DIE Mashpee, Massachusetts 02649 Decision for an Extension of a Variance I RE: Donald B. & Evelyn G. McIntyre V-02-65 190 Waterway Extension of V-01-65 Map 111 Parcel 95 !' A Petition was filed on April 25, 2002 by Donald B. and Evelyn G. McIntyre for an Extension of Variance, V-01-65, a Variance from Section 174-33 of the Zoning By-laws to vary the setback requirements to water and wetlands to allow for construction of a single-family home with a breezeway and attached garage on property located in an it R-3 zoning district at 190 Waterway (Map 111 Parcel 95) Mashpee, MA. At the Public Hearings on December 9, 1999, the Zoning Board of Appeals l !I granted a Variance of two feet from the setback requirements to water and wetlands on �,II the property located at 190 Waterway. At the Public Hearings on December 13, 2000, the Zoning Board of Appeals granted a six-month extension of the 1999 Variance. The extension lapsed in June 2001. At the Public Hearings on June 13 2001 the Zoning Board of Appeals granted a Variance of two feet from the setback requirements to water and wetlands on the property located at 190 Waterway. Hi At the Public Hearings on May 22, 2002, Attorney Kevin M. Kirrane represented the Petition and stated that the Building Commissioner determined that the property located at 190 Waterway is unbuildable due to its merger with the abutting property located at 184 Waterway. Petitions were filed on March 22, 2002 by Donald B. and Evelyn G. McIntyre for the following: • Variance relief from the lot size requirements as required under Section 174-31 of theiw Zoning By-laws and that the Board determine that the property located in an R-3 zoning district at 190 Waterway is a separate and buildable lot (Map 111 Parcel 95) Mashpee, MA. • Variance relief from the lot size requirements as required under Section 174-31 of the Zoning By-laws and that the Board determine that the property located in an R-3 zoning district at 184 Waterway is a separate and buildable lot(Map 111 Parcel 94) Mashpee, MA. Attorney Kirrane stated that the Petitioner is unable to undertake substantial j completion within the one-year period granted under Variance, V-01-65. At the Public Hearings on May 22, 2002,the Zoning Board of Appeals granted an extension of Variance, V-01-65. 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, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one Year period". e P