11/13/2002 ZONING BOARD OF APPEALS Minutes

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Minutes Mashpee Zoning Board of Appeals November,13, 2002 6 I1 Michael Pendergast: Requests a Variance from Sections 174-31 and 174-21 of the Zoning By-laws to vary the front setbacks and lot size requirements in order to construct a proposed 3 bedroom dwelling on property located in an R-3 zoning district at 57 Seconsett Island Road(Map 119 Parcel 5) Mashpee, MA. f i Michael Pendergast: Requests a Special Permit under Section 174-20 of the Zoning By- I I laws to allow for demolition of an existing dwelling in order to construct a new 3 I bedroom house on property located in an R-3 zoning district at 57 Seconsett Island Road (Map 119 Parcel 5) Mashpee, MA. I ! I .i Sitting: Robert Nelson, Marshall Brem and Zella Elizenberry. ,I John Slavinsky of Cape & Islands Engineering represents the petitioner. He is asking for a Special Permit and a Variance to tear down the existingstructure and - build a new 3 bedroom house. Mr. Slavinsky felt a Variance was necessary since it was grandfathered in at one time but only for the existing structure and once the house was torn down, the j Variance may no longer be in effect. Mr. Nelson reads a letter from Mr. Fudala, Town Planner stating that in this particular instance, a Variance is not necessary and the Board would be illegal in granting it anyway. Mr. Brem moves to grant the Variance and the Special Permit. Mr. Slavinsky is asking for the Variance for protection purposes when f the dwelling is torn down. The Board moves to grant a lot size Variance of 33,222 f square feet and 14.6 feet on the front setbacks as well as the Special Permit to construct the work. Zella Elizenberry seconds the motion. All agree. So moved. I�i i li Martin and Judith Wolff: Request a Variance from Section 174-33 of the Zoning By- laws to vary the setbacks for an existing deck 8 feet from the wetlands, and a proposed second floor deck that will cantilever 15 feet from the wetlands on property located in an R-3 zoning district at 5 Keel Way(Map 120 Parcel 141) Mashpee, MA. I� Martin and Judith Wolff.• Request a Special Permit under Section 174-17 of the Zoning By-laws to allow for construction of an addition to an existing non-conforming single family dwelling on property located in an R-3 zoning district at 5 Keel Way (Map 120 Parcel 141) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. Mr. John Slavinsky of Cape & Islands Engineering represents the petitioner. He is requesting a Variance and Special Permit to construct 2 new entryways and additional square footage to the home. Mr. Nelson reads two letters of objection from Jim Vaccaro, Chairman of New Seabury ARC and Gerald Gaffin of Framingham, MA. for the record. There is a pre-existing non-conforming deck that needs a Variance to be legal would i '