05/10/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 10, 2000 8 Board of Appeals No comments were received from abutters. , , Mr. Regan moved to overturn the Building Commissioner's Decision to Deny a Building „d Permit, subject to BSC Group plan of May 6, 2000. Mr. Nelson seconded. All agreed. ' Ronald J. Costa, Sr. —Requests a Variance from Section 174-31 of the Zoning By-lawsr for permission to vary the lot size requirements and the frontage requirements to allow for construction of a single-family home on property located in an R-3 zoning district at 17 Huron Avenue (Map 65 Block 24)Mashpee, MA. Owner of record: Costa Family Trust, Ronald J. Costa, Sr., Trustee. Sitting: Robert G. Nelson,Marshall A. Brem and Frederick R. Borgeson. Messrs. al, Govoni, Regan and Guerrera stepped down and left the room. n10 Mr. John Slavinsky of Cape & Islands Engineering represented the applicant. He stated d a that the lot has been in separate ownership since July 1981. Mr. Labute sold the lot to Mr. Lynch, at a time when Mr. Labute owned an abutting lot. Mr. Slavinsky said that the lot has been in contiguous ownership for the last 19 years. The lot contains 73.5 feet of frontage and 16,080 square feet of land. Mr. Slavinsky submitted a copy of the Assessor's map of the area and pointed out that virtually all of the lots in the area are smaller than the subject property. Mr. Slavinsky also said that a lot directly across the street from the subject lot with the same amount of frontage was �'p recently developed. Mr. Gene MacDonald, an abutter, voiced his objection to the project. He submitted a '�.. petition signed by 20 abutters and neighbors who are also opposed to the project. Mr. MacDonald made reference to a Decision granted years ago by the Board allowing Mr. s Costa permission to build an in-law or family apartment over the garage of the abutting lot. Mr. MacDonald said that the apartment has been rented out to non-family members t .I from the beginning. Mr. MacDonald expressed concern that Mr. Costa would lie again. Mr. MacDonald referred to a letter from the Building Inspector stating that, in his '�' 0" opinion, the Board had created their own zoning by-law with its decision. Ms. Holly MacDonald, an abutter, said that the lot is very small. Mr. and Mrs. MacDonald said they are concerned with the value of their home depreciating and oppose '�i. the project. Mr. Borgeson said that the lots in the area are all small. He said that the Board goes by r the Zoning By-laws, not by what an individual may or may not have done in the past. Mr. Slavinsky said that the subject lot is larger than all the other lots on that street. +�It1 fe �4nr �Iln� 6 h k