03/10/1993 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - March 10, 1993 3. i� James T. and Judith E. Conery - Request a Special Permit under Section 174-17 of the Zoning By-laws for permission to expand a non -conforming dwelling with a house addition in an R-3 zoning district on property located at 17 Russell Road (Map 120, Block 90) Mashpee, MA. James T. and Judith E. Conery - Request a variance from Section 174-31 for permission to vary the setback requirements in an R-3 zoning. district on property located at 17 Russell Road (Map 120, Block 90) Mashpee, MA. Members sitting: J. Friel, M. Makunas, C. Hawver Engineer John Slavinsky represented the applicants and questioned if a Special Permit and variance were necessary. Mr. Makunas commented that this is a stand alone lot and the zoning froze when it became a stand alone lot. The lot was created prior to zoning and he thought neither a Special Permit nor a Variance was required. He suggested that the Board issue a determination that they are not required. Mr. Hauck said he was going to ask that Board review things that were closer than 10' to the sideline, more than 20% lot • coverage and closer than 20' to road for a Special Permit so that it is reviewed that it is not more detrimental to the neighborhood. Mr. Makunas said this would be a safeguard. Mr. Makunas suggested that Mr. Hauck use the minimum zoning which was 7 1/2' sideline setback and he agreed. Mr. Makunas moved that the Board has determined that this is a pre-existing stand alone lot and that the applicants' dimensions are conforming and that no Special Permit or Variance is required. Ms. Hawver seconded. All agreed. Gordon Weeks - Mr. Weeks said he was planning to reapply but would review his plans with Windchime residents before filing. Mr. Friel said he had visited the site and said some trees need to be removed from the driveway. Mr. Hauck asked about concerns from Greg Taylor, the DPW Director and Mr. Makunas agreed that this should be reviewed. Mark Gildea - Mr. Gildea reviewed a lot in Summersea of pork chop shape with 10' frontage which has been carried as a buildable lot and Mr. Hauck questioned if it is buildable. He presented plans of the Planning Board subdivision approval in 1965. Mr. Hauck said it was outside of the New Seabury Special Permit and said that regardless of what the Planning Board approved if the lot does not meet zoning it is not buildable. Mr. Gildea said that the Planning Board can waive • some zoning requirements. Mr. Makunas said that the concern on frontage was for safety.