11/14/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes — November 14, 2001 2 Board of Appeals • Paul D. & Theresa Kelly — Request a Variance from the lot size requirements as required in Section 174-31 of the Zoning By-laws and that the Board determine that the property located in an R-5 zoning district at 22 Sunset Circle (Map 64 Parcel 16) Mashpee, MA. is a separate and buildable lot. Sitting: James E. Regan III, Robert G. Nelson and Zella E. Elizenberry Attorney Kevin M. Kirrane stated that the Petitioner has not had an opportunity to review the engineering plans. Attorney Kirrane requested a continuance/extension of the above -referenced Petitions until December 12, 2001. Mr. Nelson moved to accept the requests. Ms. Elizenberry seconded. All agreed. An abutter, Mr. Walter Phillips, asked for the reason for the requests and when the Petitions would be heard and decided upon by the Board. Attorney Kirrane said that the Petitioner would be ready on December 12, 2001. The Board confirmed the date. Stephen L. Silva — Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the front setback requirements and the setback requirements to water and wetlands to allow for construction of a single-family home on property located in an R-5 zoning district at 105 Timberlane Drive (Map 22 Parcel 22) Mashpee, MA. • Sitting: James E. Regan III, Richard T. Guerrera and Zella E. Elizenberry. Mr. Silva represented his Petition and stated that the Variance and extension of the Variance granted by the Board on the subject property lapsed in October 2001. Mr. Silva submitted a copy of the purchase and sale agreement with the Town of Mashpee. Town voters appropriated $100,000 for purchase of the subject property at Town meeting earlier this year and the property will be designated as Conservation open space land. Mr. Silva indicated that he is requesting the Variance for appraisal reasons. No comments were received from abutters. Ms. Elizenberry moved to grant the Variance, subject to same findings and criteria as Variance, V-00-101. Mr. Guerrera seconded. All agreed. Kenneth Anderson — Requests a Variance from Sections 174-31 and 174-32 of the Zoning By-laws for permission to vary the lot size requirements, to combine two lots into one buildable lot and to allow for construction of a single-family dwelling on an unpaved road on properties located in an R-5 zoning district at 195 and 203 Ashers Path West (Map 52 Parcel 39 and Map 60 Parcel 42) Mashpee, MA. Sitting: James E. Regan III, Robert G. Nelson and Richard T. Guerrera. 0