06/09/1993 ZONING BOARD OF APPEALS Minutes

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• Board of Appeals Minutes - June 9, 1993 2. conservation. Mr. Makunas moved to grant the Special Permit. Mr. Friel seconded. All agreed. James A. warner - Requests a Special Permit under Section 174-25.A.8 of the Zoning By-laws for permission to construct a single family dwelling with an in-law apartment to replace two non -conforming dwellings in an R-3 zoning district on property located at 71 Seconsett Island Road (Map 119, Block 104) Mashpee. MA. One of the existing non -conforming dwellings has been damaged by fire. (Owner of record: Ruth A. and James A. Warner Jr. TRS.) Members sitting: J. Friel, M. Makunas, E. Govoni Mrs. Warner said they had two non -conforming dwellings which they wanted to replace with a new structure which would include an in-law apartment. Mr. Friel explained that the request was for a two-family house. She explained that the land is in the flood plain and the house cannot have a basement. Mr. Friel said information had been received from the Building Inspector questioning if application should have included references to Sections 174-17 and 174-20 of the • By-laws instead of 174-25.A.8. Mr. Makunas said that the fact that a Section of the By-law was not included does not affect the hearing or process since the advertisement is clear in intent. He moved that the Board make the corrections in its records and that 174-17 will replace 174-25.A.8. Mr. Friel seconded. All agreed. Mr. Makunas said it would be a demolition and reconstruction and not a replacement. Mr. Makunas explained that the issue is a Special Permit to build the house and the second is to allow an in-law apartment. Mr. Friel said the Board had received correspondence from the Town Planner objecting to a two-family and said he disagrees with his interpretation of the by-law and he said he would not read the comments from someone who is not in a position to interpret the by-laws. Mr. Makunas said there were two issues -- to grant permission to build a structure and allow a two family house. He said he had a problem with the two family but not the structure. He said in-law apartments were intended for in-laws and not rentals. Mr. Friel agreed. Mr. Govoni suggested applicant reapply if they were moving here permanently with family. Mr. Makunas moved to grant the Special Permit to construct the • non -conforming structure according to plans submitted. Mr. Govoni seconded. A11 agreed. Mr. Makunas moved to deny without prejudice the request for an in-law apartment as applied for. Mr. Govoni seconded. All agreed.