01/24/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 24, 2001 4 Board of Appeals t Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and stated that the previously proposed large deck was not considered egress by the Building Commissioner. The deck has been reduced in size. The Conservation Commission has approved the project. Mr. Govoni stated that the lot predates zoning. No comments were received from abutters. �INW� Mr. Nelson moved to grant the following: • a Variance of 1 foot from the setback requirements on the northerly side of the lot. • a Variance of 2 feet from the rear setback requirements. • a Variance of 29 feet to the dunes. • a Variance of 4.5% from the lot coverage requirements. Subject to findings/criteria 1, 2, 4, 6, 7. Ms. Elizenberry seconded. All agreed. ii Mr. Wheeler said that the ZBA does not have to render decisions on lots that predate zoning with proposals that encroach on the setback requirements to water and wetlands. Mr.Nelson moved to grant the Special Permit to allow for demolition of the existing building and construction of a new dwelling within the same footprint. Ms. Elizenberry seconded. All agreed. David J. Berkland—Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the land space requirements to allow for construction of a single-family home on property located in an R-5 zoning district at 52 Deerfield Road (Map 3 Block 31)Mashpee, MA. Continued from December 13, 2000 Public Hearings to allow the Board to make on-site visit. Sitting: Robert G. Nelson, Richard T. Guerrera and Zella E. Elizenberry. Mr. Regan stepped down and left the room. Attorney Kevin M. Kirrane represented the Petition and stated that he had a discussion with Ms. Anne T. Shaw, direct abutter to the subject property. The Petitioner has agreed to significantly remove the proposed location of the building on the site away from Ms. Shaw's lot line. Mr. Govoni visited the site and stated that the lot is part of a 1970's cluster subdivision. He said that, in his opinion, it was the Town's error not to require a Special Permit in order to develop the lot. Messrs. Govoni and Nelson suggested that an easement across an abutting lot should be obtained so that the Petitioner has access to the open space. Attorney Kirrane said that the subject lot does abut the open space, but did not foresee any problem with the Petitioner obtaining an easement for access to the open space area. fi f No comments were received from abutters. i i