11/14/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—November 14, 2001 Board of Appeals Ms. Shirley Nurse Peters, an abutter at 206 Ashers Path West, objected to having to "be responsible for the comfort of the new people who will live in that large subdivision on Lowell Road to make it easier for them to get through". She said that it is not her responsibility to improve the road and cited other roads that provide access to Great Neck Road and Route 151. Mr. Regan said that the Board is referring to the new lot owners of the subject properties on Ashers Path West. The Board would like to see the new lot owners grade and maintain the road directly in front of their particular properties on Ashers Path West. Ms. Peters said that there is no need for the road to be widened. Attorney Souza submitted a copy of a plan that showed that the subject road is 40 feet in width. Mr. Regan commented to Ms. Peters that most of the Town roads are 40 feet wide. Ms. Peters said that Ashers Path West is not a Town road. Mr. Regan asked Ms. Peters if she objected to the proposal. Ms. Peters expressed approval of the project, but objected to having the road widened "to make it comfortable for the new subdivision on Lowell Road". Mr. Nelson reminded Ms. Peters that the Board must abide by the Town By-laws. Ms. Peters countered that she was not aware that the By-laws had been changed within the last year. Mr. Nelson quoted from Section 174-32 of the Zoning By-laws, which reads "that there shall be 20 feet of paving" and he said that the Board is not asking for the road to be paved. Ms. Peters replied that the Board's previous decisions regarding the subject properties on Ashers Path West must have been incorrect. Mr. Nelson said that the decisions were not correct; that the Board made allowances. However, he said, the situation has changed with the potential increase in traffic with • creation of the large subdivision on Lowell Road. Ms. Peters argued that "the situation has not changed — there were three houses before to come in and there are three houses now. The situation has not changed to Ashers Path". Mr. Brem asked what the Town would do if it took over the road. Mr. Nelson said that the Town would have the road widened to 24 feet. Mr. John Slavinsky, Project Engineer from Cape & Islands Engineering, stated that the three subject lots do not run the entire length of Ashers Path West. Mr. Regan agreed that the Board is only asking for improvements to be made to the road that is directly in front of the three subject properties. Mr. Slavinsky said that the Board's requirements do not appear to impact Ms. Peters. Mr. Nelson moved to grant the following in accordance with plan entitled "Plan of Land in Mashpee, Mass., for Kenneth W. Anderson, Date: Sept. 10, 1973, Revised: Jan.22, 1974" and recorded at Barnstable County Registry of Deeds in Book 283 Page 52: 1. a Variance of 31,804 square feet from the lot size requirements for 195 and 203 Ashers Path West and permission for 195 and 203 Ashers Path West to be combined into one buildable lot. 2. a Variance to allow for construction of a single-family dwelling on an unpaved road. The Variance is conditioned upon the following: 1. same findings as Variance, V-00-27. • 2. that the area of road directly in front of the above -referenced property shall be widened to 20 feet.