02/09/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—February 9, 2000 5 Board of Appeals feet on the 40'foot building setback line.All the other homes in the subdivision have a 30-foot setback requirement. The house has already been built on the subject lot. ''' n The Board Members checked the plan and Mr. Govoni used a scale to determine the exact Variance relief being sought. rry� r Mr. Hauck said that the lot is in a"cluster as of right" subdivision. Section 174-47.5 of the Zoning By-laws states that"the minimum lot width at the required minimum setback I �•� �, line shall be not less than one hundred(100)feet". No comments were received from abutters. Mr. Govoni moved to grant a Variance to allow the following: 1: 1. that the applicant has permission to build forward of the building setback line. 2. that the applicant shall keep a minimum of 30 feet from the Maple Street cul- 1 �► de-sac. Subject to criteria: 2, 3, 4 and findings: 1, 3, 4 and certified, signed plot plans must be submitted to the Board. Mr. Borgeson seconded. All agreed. a Kevin F. & Judith Harrington—Request an Appeal of the Building Commissioner's decision on property located in an R-3 zoning district at 78 Spoondrift Lane (Map 112 Block 43)Mashpee, MA. (Owner of record: Susan Fort and Doris D. Salzer, Trs.) Sitting: Edward M. Govoni, Zella E. Elizenberry and Richard T. Guerrera. Mr. Regan stepped down and left the room. i Mr. Harrington attended the meeting and was represented by Attorney Murphy. Attorney { ok -'JI Murphy said that the applicants are Appealing the decision of the Building Commissioner n that 78 Spoondrift Lane is a buildable lot. ` . Mr. Hauck stated that a deed search was required because the parcels appeared under the same name. It was discovered that the house was put under a trust in 1989. In 1989 � permissive zoning allowed for two contiguously owned lots that were of at least 10,000 square feet in size. Mr. Hauck said that the lots went into separate ownership during the permissive zoning in 1989. The Trustees are also beneficiaries, making three people owners of the lots. Attorney Murphy stated that one of the two lots abutting Mr. Harrington's lot was 1 purchased in 1965 and one was purchased in 1969 and were held in common ownership until 1985 by Mrs. Salzer. Attorney Murphy argued that the owner did not apply for a building permit until last year. He further stated that on February 11, 1985 the Zoning y� By-laws increased the minimum lot size to 40,000 square feet. l,l Mhr 1