11/13/2002 ZONING BOARD OF APPEALS Minutes

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Minutes Mashpee Zoning Board of Appeals November 13, 2002 3 grandfathered under the "checkerboard" issue, which exempts them from lot size compliance. Mr. Nelson would like to address 4 of the lots namely: James Curtis— 4 Lettie Lane (Map 36 Parcel 47A, Lot 1 on plans); Frank McDonnell— 18 Lettie Lane (Map 36 Parcel 47C, Lot 3 on plans);Nancy Kerrigan— 17 Lettie Lane (Map 36 Parcel 47D, Lot 4 on plans); Jane Curtis— 12 Lettie Lane (Map 36 Parcel 47B, Lot 2 on plans) and propose to grant the variances with respect to Chapter 174-32. This relief is for the fire protection and contingent on these roads becoming accessible to fire apparatus— grant these variances. They are all in R-5 zoning districts with the exception of more j than %2 of Lot#4, 17 Lettie Lane, which is about 50-50 residential and commercial. After much discussion regarding roadways the Board makes this decision contingent on the petitioner paving 20 feet of roadway with asphalt on Goodspeed Meetinghouse Road for the fire department. Mr. Kirrane explains this agreement has been made in the Court Stipulation referenced as Superior Court Doc. No. 89-712 and allows his client to pave an access road to these lots. Marshall Brem asks Mr. Kirrane what his hardship is for the requested Variance. Mr. IJ Kirrane tells him that the lots cannot be developed without this variance. Mr. Kirrane informs Mr. Brem that lot size has nothing to do with this request. The request is merely for adequate access to these properties. These properties were put into single ownership i G after the zoning changes. Mr. Nelson informs the Board that the request before them for 3 specific lots is adequacy of access to these properties so the fire department can get down to these roads. He states there may be other problems with these lots that would I! require the petitioner to come before the Board at a later time, however, at this time, they will only address Chapter 174-32 which is for fire protection. j Mr. Borgeson makes a motion to grant the variances for: James Curtis— 4 Lettie Lane (Map 36 Parcel 47A, Lot 1 on plans); Frank McDonnell— 18 Lettie Lane i I' (Map 36 Parcel 47C, Lot 3 on plans); Jane Curtis— 12 Lettie Lane (Map 36 Parcel 47B, i Lot 2 on plans) with reference made to Stipulation from Superior Court Docket No. 89- ( , 712 and a condition that Goodspeed Meetinghouse Road will have asphalt paving 20 feet wide. t Mr.Nelson explains to Mr. Kirrane that with respect to Lot 5 and Lot 6, (as referred to on the most recent renderings) depict the majority of the square footage to be in commercial zoning. Mr. Nelson feels he has no other choice but to deny the variance for these lots. Mr. Kirrane argues that it makes no sense to allow 3-4 lots for residential use and the i other 2 for commercial use when they are situated so close to each other. Mr. Nelson informs Mr. Kirrane that the Board of Appeals has no authority to grant variances on use. i Mr.Nelson moves to deny lot 5 and lot 6,No. 3 and No. 11 Lettie Lane. Zella C j Elizenberry seconds the motion. All agree. Mr. Nelson discusses the lot belonging to j Nancy Kerrigan— 17 Lettie Lane (Map 36 Parcel 47D, Lot 4 on plans) with the Board. r Mr.Nelson strikes Section 174-31 from the relief request on Nancy Kerrigan— 17 Lettie Lane (Map 36 Parcel 47D, Lot 4 on plans) since it is not necessary and 174-25 allows a house in the R-5 district and since the majority of the lot is in the R-5 district, the Board will grant the variance for 174-32 and 174-25. Mr. Borgeson moves to grant this i