12/13/2000 ZONING BOARD OF APPEALS Minutes

Home Browse Search

I Mashpee Zoning Minutes—December 13, 2000 5 Board of Appeals Ali 1 Sitting: Robert G.Nelson,Richard T. Guerrera and Zella E. Elizenberry. Attorney Kevin Kirrane represented the Petition and stated that the Petitioner is requesting permission to have his lots as two separate lots. There is a house on lot 32 and lot 33 is vacant. Attorney Kirrane stated that taxes have been paid on the two lots as separate and distinct lots. The Petitioner is custodian of his mother and is seeking a Variance in order to sell the adjacent lot and provide for his mother's care. The Petitioner would suffer significant financial hardship if the lot is deemed unbuildable. Attorney Kirrane said that this subdivision was approved at a time when the By-laws did not require a cluster to be developed pursuant to the Special Permit process. If it had, then a Special Permit would have provided protection for the lots. Attorney Kirrane also stated that the development of this subdivision was approved in the 1970's that allowed for the development of 10,000 square-foot lots where those lots i abutted open space. The subject lot does abut open space and consists of 14,401 square r feet. Present-day zoning requires lot size of 15,000 square feet in the neighborhood. A Variance of less than 600 square feet is being requested. Attorney Kirrane said that the subject lot is consistent with other lot sizes in the neighborhood and that granting the Variance would not result in a detriment to the neighborhood. Mr.Nelson asked for clarification of the open space. Attorney Kirrane said that the subject lot meets at a point adjacent to the open space. ti•�+r„ Ms. Anne T. Shaw, an abutter, expressed concern with the proposed placement of the house on the deep and sloping lot. She said that she hoped that the holly trees on the lot could be preserved. Attorney Kirrane said he spoke with Ms. Shaw prior to the meeting. He is going to suggest to the new owner that an adequate buffer should be maintained between the subject lot and Ms. Shaw's lot. i Mr.Nelson suggested that a discussion regarding placement of the proposed construction take place between the new owner, Attorney Kirrane and Ms. Shaw. Ms. Elizenberry moved to continue the Petition until 1/24/01. Mr. Guerrera seconded. g' All agreed. I 'I Calico Real Estate—Requests a Special Permit under Section 174-20 of the Zoning !� By-laws for permission to demolish an existing cottage and construct a single-family " home on property located in an R=3 zoning district at 81 Nick Trail (Map 117 Block 99) I Mashpee, MA. y; i Calico Real Estate—Requests a Variance from Sections 174-31 and 174-33 of the r