12/12/2001 ZONING BOARD OF APPEALS Minutes

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i TOWN OF MASHPEE Zoning Board of Appeals Minutes - Wednesday, December 12, 2001 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, December 12, 2001, at 7:00 P.M. at the Mashpee Town Hall. Board Members present were Clerk Robert G. Nelson and Associate Members Frederick R. Borgeson and Marshall A. Brem. Building Commissioner Russell W. Wheeler also attended the meeting. Chairman Edward M. Govoni, Vice Chairman James E. Regan III and Associate Members Richard T. Guerrera and Zella E. Elizenberry were not present. i PUBLIC HEARINGS Jeannette J. Lazarovich—Requests a Variance from the lot size requirements as required in Section 174-31 of the Zoning By-laws and that the Zoning Board of Appeals determine that the property located in an R-5 zoning district at 11 Pondview Avenue, Mashpee, MA (Map 58 Parcel 79) is a separate and buildable lot. Sitting: Robert G. Nelson, Frederick R. Borgeson and Marshall A. Brem. Mrs. Jeannette J. Lazarovich and her daughter, Janet Hubbard, represented the Petition. Mrs. Hubbard said that her parents bought the abutting lot with the intention of selling it. r. A garage was built on the subject lot. ' 4� The Board reviewed the tax bills for the subject property and the abutting developed lot at 45 Shorewood Drive. Building Commissioner said that the Petitioner has to apply to the Board for relief because the subject property has lost its protection and does not comply with current Zoning. He said that the setbacks are 30 feet in the front and 10 feet on the sides and back. I Mrs. Lazarovich said that the propertylocated at 45 Shorewood Drive ; on which she built I� I �i her home was purchased in 1966. She bought the abutting lot at 11 Pondview Avenuex two years later. Both lots were purchased from the same party. Attorney John Kowalski of Clark, Balboni & Gildea submitted a letter in opposition to the proposal from a direct abutter, Sandra Burroughs at 21 Shorewood Drive. Mrs. Hubbard said that her mother asked permission from the Town to combine the two lots after her father died several years ago. Mrs. Hubbard said that her mother still receives two separate tax bills, including water betterments. Mr. Nelson suggested that the Petition should be continued to allow the Board an opportunity to determine if construction of a garage on the subject property would provide protection for the lot and to investigate the difference in taxes on the two lots. Mr. Brem moved to continue the Petition until January 9, 2002. Mr. Nelson seconded. All agreed. ',I