06/13/2001 ZONING BOARD OF APPEALS Minutes

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ya Mashpee Zoning Minutes—June 13, 2001 2 Board of Appeals an"architectural aesthetic dressing on the home and to allow ambient light into the center of the room" and that there is no access to the turret. The Conservation Commission and the Board of Health have approved the proposal. k. Mr. Govoni read a letter from the Monomoscoy Improvement Trust seeking clarification of the Zoning Regulations for Monomoscoy Island: The letter expressed confusion over the setback requirements and the ZBA's granting of Variances from the front setback requirements on proposed construction of homes on Monomoscoy Road. The letter concluded with the statement: "Existing owners are very concerned that their property values will be adversely affected when houses not conforming to the front yard setback of f existing homes are permitted". Mr. Nelson read from Section 174-31.4 of the By-laws which reads: 4These height restrictions shall not apply to chimneys, water towers, skylights and other necessary features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy nor to wireless or broadcasting towers and other like unenclosed structures". Mr. Nelson stated that the height restriction does not apply to this Petition. Mr. Brem stated that he is not in favor of granting a variance to allow for construction over 35 feet. Ms. Elizenberry agreed and said that there was no evidence of hardship. Mr. Govoni also said that he was opposed to exceeding the height requirement. Mr. Smith said that the proposal does not hinder anyone's view of the water. Mr. Govoni said that lots created before 1958 predate zoning and the By-laws do not apply to those lots. Mr. Smith said that the subject property is part of a subdivision created in 1913. Mrs. Julie Brady, 256 Monomoscoy Road, asked why the subject property was designated "unbuildable" at one time by the Assessing Department. Mr. Smith said that the lot was considered buildable at the time of his purchase. Mr. Pesce confirmed that the lot is buildable by virtue of the permits that the Petitioner has received. Mr. Brady said that the lot has been assessed as "unbuildable" and taxed as such. Mr. Smith replied that that is no longer the case with the subject lot and would be reclassified by the Assessing Department. The Board told Mr. and Mrs. Brady to contact the Assessing Department for clarification. Mr. Lewis Mantell, 242 Monomoscoy Road, expressed his approval of the proposal. Mr. Ralph Williams, a direct abutter at 262 Monomoscoy Road, expressed concern with the proposal because it appears that the house would be located"practically in front of ;{' his house. Mr. Bill Breen, 257 Monomoscoy Road, reviewed the plans.