02/10/1993 ZONING BOARD OF APPEALS Minute

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Board of Appeals Minutes - February 10, 1993 2. • Joaeph and Betsy L. Chiasson - Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in an R-3 zoning district on property located at 89 Shore Drive (Map 117, Block 341) Mashpee. MA. (From 12/9/92 and 1/27/93 hearings). Members sitting: J. Friel, M. Makunas, C. Hawver Mr. Friel said the Board had received a request for a 60 -day extension in the hearing calendar on this application. Mr. Makunas moved to grant the extension. Ms. Hawver seconded. All agreed. Attorney Kevin Kirrane represented the applicant and discussed the fact that the new Town Counsel had interpreted the zoning by-law to determine that the lot might not require Variance relief. Mr. Hauck presented the Board with copies of early zoning maps and his determination that the lot was subject to 71'sidel'ine setbacks. Mr. Kirrane asked if there would have to be any modification of the deck and Mr. Friel responded that none would be need and that a building permit could be issued. Mr. Hauck agreed. Mr. Friel moved that it is the determination of the Board based on the fact that the lot predates zoning that a Variance is not required. Mr. Makunas added that the Board has determined that • the lot was a stand-alone lot that existed when setback zoning was 7}.' and the Board has determined that a Variance is not required and that the zoning in effect at that time is frozen and that construction on that lot to meet that zoning is all that is necessary. Mr. Makunas seconded. All agreed. John L. West - Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front setback requirements in an R-3 zoning district on property located at 26 Russell Road (Map 120, Block 29) Mashpee, MA. (Owner of record: John L. 6 Cynthia.J. West). Members sitting: J. Friel, M. Makunas, E. Govoni Attorney Kevin Kirrane represented the applicant and said they were applying for variance relief based on present requirements which are different from the zoning at the time of the creation ofthe lot. He said the lot dated to the mid -50's prior to zoning. Mr. Hauck confirmed that the lot was created prior to zoning. Mr. Makunas moved that the Board make a determination that this lot is a stand alone lot that was created prior to zoning and complies with the zoning at the time it was created and that no Variance is required. Mr. Friel seconded. All agreed. Mr. Makunas stated that the Board has been informed by Counsel that their determinations carry no legal standing. Mr. Kirrane said that the Board could deny the request and use the fact that a Variance was not necessary as the reason for the denial. Mr. Makunas said he hesitated to deny since it might give wrong impression. Mr. Kirrane suggested a letter from the Building Inspector stating that a Variance is not required. He said banks often think ktVa owners Variances necessary and some record is necessary to protect