08/28/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—August 28, 2002 2 Board of Appeals buildable lot. (Map 111 Parcel 94)Mashpee, MA. Continued from April 24, May 22, June 26 and July 24, 2002 Public Hearings. Donald B. & Evelyn G. McIntvre—Request a Variance 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 190 Waterway is a separate and I buildable lot. (Map 111 Parcel 95) Mashpee, MA. Continued from April 24, May 22, June 26 and July 24, 2002 Public Hearings. Sitting: Robert G. Nelson, Edward M. Govoni and James E. Regan, III. � I Mr. Scott Colby, son of the petitioners, represented the petitioners Donald and Evelyn McIntyre. He presents the information the Board of Appeals requested at the July 24, 2002 meeting. He presents a copy of the newly designed house that was previously shown to the Board and all interested abutters with a reduced square footage that is acceptable to all parties. They have arrived at 15.6% lot coverage. A variance for a setback was previously granted regarding encroachment on the 50-foot buffer zone on Waterway. Mr. Colby stated that by shrinking the square footage of the house encroaching on the buffer zone is no longer necessary. The revised site plan was also put before the Board of Health to ensure the septic system, which was designed for a larger house, is still acceptable. Letter is in file. Both abutters are agreeable with this plan. Mr. j Wheeler, Building Commissioner and Zoning Enforcement Officer,previously denied this matter and determined this lot was unbuildable after seeking advice from Town Counsel Kopelman and Paige. Town Counsel determined the Board of Appeals "does not have the right to grant a variance based upon financial hardship alone" and they recommended denying the variance under Massachusetts General Law Chapter 40A, Section 10. III ,I �i No comments were received from abutters. I' After many continuances and much discussion Mr. Govoni moves to grant the following: r ♦ To overturn Mr. Wheeler's decision and grant a variance of 26,200 square feet to petitioners Donald and Evelyn McIntyre for 190 Waterway which would proclaim this lot to be buildable. The extension will presently run until October 27, 2002 and can be extended again at that time if need be. ♦ A variance of 28,150 square feet from the lot size requirements for 184 Waterway, Mashpee, MA. Mr. Regan references specific findings#1, #2, #3, #5, #6, and#8; the Willard matter in Board of Appeals in Orleans. I � Mr. Regan seconded the motion. All agreed. i I I I� l