11/14/2001 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Minutes — November 14, 2001 Board of Appeals • 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 allow for construction of a single-family dwelling on an unpaved road on property located in an R-5 zoning district at 205 Ashers Path West (Map 60 Parcel 41) Mashpee, MA. Sitting: James E. Regan III, Robert G. Nelson and Richard T. Guerrera 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 allow for construction of a single-family dwelling on an unpaved road on property located in an R-5 zoning district at 209 Ashers Path West (Map 60 Parcel 40) Mashpee, MA. Sitting: James E. Regan III, Robert G. Nelson and Richard T. Guerrera. Attorney Thomas H. Souza represented the Petitions and stated that the Variances have lapsed. On January 26, 2000, the Board granted a Variance on each of the above -referenced Petitions. On January 10, 2001, the Board granted six-month extensions of the Variances. Attorney Souza stated that no changes have been made and requested the same relief that the Board granted in the past. The Petitioner has received Planning Board approval of the proposed subdivision. Mr. Nelson expressed concern with the condition of Ashers Path West and the potential for increased traffic with development of the new subdivision on Lowell Road. He • suggested that the Board condition the Variance by requiring owners of the subject properties to upgrade and maintain the road in front of their property. Attorney Souza said that the Planning Board addressed that issue and determined that maintenance of Ashers Path West is the responsibility of the property owners. The Planning Board notation on the plan reads "The maintenance of Ashers Path West shall be the responsibility of the lot owners until the road is accepted by the Town of Mashpee". Mr. Regan read a letter from Deputy Sheldon Hamblin, Fire Department, expressing concern with the possibility of the fire department's inability to provide adequate service to the subject properties on the unpaved road. Mr. Regan said that the Board will require the lot owners to have the road widened to 20 feet, to have it graded and to have gravel installed on the road. Attorney Souza said that at Planning Board meetings some of the other neighbors on Ashers Path West objected to upgrading of the road and felt that the road should be left as is to prevent motorists from using it as a shortcut. Mr. Nelson said that, like it or not, traffic will increase with the development of the large subdivision on Lowell Road. He said that requesting the width of the subject road to be increased to 20 feet is a reasonable request and is in compliance with the requirements of the By-laws. Mr. Nelson said that the Board is not requesting the road to be paved. 0