10/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—October 10, 2001 2 Board of Appeals interpretation of the law establishes that two contiguously owned lots must be combined into one lot. i Attorney Kirrane disagreed and said that the Board granted a similar request fora j Variance within the last year and conditioned that a certain buffer shall be maintained between the proposed construction and the existing abutting home. i Mr. Paul Leary, a neighbor, expressed approval of the proposal. Mr. Walter Phillips, a neighbor at 32 Sunset Circle, addressed the Board and said that he did not have an opinion on the proposal. He also submitted a letter in opposition to the proposal from abutting neighbors at 74 Sunset Circle, Joan and Paul Conley. Mr.Nelson informed Attorney Kirrane that the subject vacant lot was not the largest lot �! in the area and that some of the other lots ranged from 18,000 to over 25,000 square feet I�I in size. Attorney Kirrane countered that other lots in the development were well below 14,000 square feet in size. Mr. Nelson said that it would be helpful to the Board if the Petitioner submitted a plot plan of the lot with the existing home and an engineered plan of the proposed development of the vacant lot. SII Attorney Kirrane said that the subject home was constructed in compliance with the f current zoning by-laws of the 1970's. He said that it would be difficult to submit a proposed building plan of the vacant lot without a buyer for the lot. l Mr. Regan said that the Board would appreciate information concerning the Variance relief granted on the lot mentioned earlier. Mr. Regan asked for documentation of the amount of time that the Petitioner has been paying taxes on the two lots. He said that he realizes that the Petitioner is from out of town, that Zoning By-law changes have affected the lots and that this constitutes a financial hardship. Mr. Brem agreed that the information regarding the taxes is necessary for the Board to consider the request. Mr. Phillips asked what regulations the proposed construction would have to meet. Mr. Regan said that construction of a house on the vacant lot would have to meet current zoning requirements—20% lot coverage, Title V septic, 15-foot setback on the side and rear and 30-foot setback in the front. Mr. Phillips expressed concern with the proposed construction and the location of his well. Mr. Regan questioned Mr. Phillips regarding the use of the well. Mr. Phillips said that the well is only used for a sprinkler system. Mr.Nelson moved to continue the Petitions until November 14, 2001. Mr. Borgeson seconded. All agreed. John& Lillian — Chilin erian g_ Request a Variance from Section 174-32 of the Zoning g By-laws for permission to vary the fire protection requirements to allow for construction Of a single-family home on an unpaved road on property located in an R-3 zoning district at 77 Horseshoe Bend Way (Map 40 Parcel 8) Mashpee, MA. I, I (I� II�ii