10/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes— October 10, 2001 7 Board of Appeals Dream Developers of Cape Cod, Inc. —Requests a Variance from Section 174-26 of the Zoning By-laws for permission to vary the Growth Management requirements to allow t , for construction of a single-family home on property located in an R-3 zoning district at 709 Great Neck Road South (Map 104 Parcel 126) Mashpee, MA. Dream Developers of Cape Cod Inc —Requests a Variance from Section 174-26 of the j Zoning By-laws for permission to vary the Growth Management requirements to allow for construction of a single-family home on property located in an R-3 zoning district at 711 Great Neck Road South (Map 104 Parcel 127) Mashpee, MA. !' I I � Sitting: Robert G. Nelson, Marshall A. Brem and Frederick R. Borgeson. Mr. Govoni left the meeting at this point. j Attorney Kevin M. Kirrane represented the Petitions and stated that the Petitioner desires to build on the three subject lots and is requesting Variance relief from the Growth Management By-law. Attorney Kirrane said that the existing building on the abutting lot �' I cannot be rehabilitated and it will be demolished and rebuilt. l Because of the Growth Management By-law, Attorney Kirrane said that the Petitioner would incur substantial financial hardship. He stated that the Petitioner is "accelerating l the entire project probably by only one lot, when you consider that within the next five months we can probably pull two permits on this site". In view of the fact that the lots are each in excess of one acre in size and that the proposal is limited to just three lots, li Attorney Kirrane said that the proposal would not have significant impact on the Town or IIf II � neighborhood. He reminded the Board that it has granted similar requests for Variance relief in the recent past. Mr. Nelson expressed concern because he has received several phone calls regarding the Petitions. Mr. Nelson asked why the request is for three Variances if the Petitioner could receive a building permit for one lot before the end of 2001 and receive a building permit for another lot in January 2002 without coming to the Board. Attorney Kirrane said that the potential is that all of the building permits may be gone before the end of the year. Mr. Brem asked what exactly the Petitioner hopes to accomplish. Attorney Kirrane explained that the Petitioner wishes to build on the three lots at a rate of more than one per year. Mr. Borgeson agreed with Mr. Nelson and said that the Petitioner was aware of the restrictions, that this is a self-inflicted hardship and that the Board is under close scrutiny. Mr. Borgeson said that he felt that the Lowell Street subdivision "was shoved down our throat". Attorney Kirrane said that the Board granted a Variance from the Growth Management By-law to another individual. Mr. Borgeson said that the Board established that that Petitioner met the criteria for grant of a Variance. Attorney Kirrane asked if building permits could be accumulated so that a Petitioner could pull two within a one-year period. Building Commissioner Russell W. Wheeler �I III' I, Ii