11/10/1993 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - November 10. 1993 4. • James B. & James M. Gamble - Request a Special Permit under Section 174-17 of the Zoning By-laws for permission to demolish an existing single family non -conforming home and construct a new single family home in an R-3 zoning district on property located at 5 Uncle Henry's Road (Map 117, Block 286) Mashpee, MA. Members sitting: J. Friel, M. Makunas, E. Govoni Engineer John Slavinsky represented the applicant and explained that Conservation had required the plans be changed from a four-bedroom to three-bedroom home due to nitrate loading. Mr. Govoni asked for elevations and Mr. Slavinsky said he would provide them. Mr. Makunas moved to take the Petition under advisement. Mr. Govoni seconded. All agreed. Donald H. Priestly TR. Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot size, frontage and setback requirements in an R-5 zoning district to allow construction of a new single family home at 28 Hilltop Road (Map 49, Block 118): 32 Hilltop Road • (Map 49, Block 119) and 287 Hooppole Road (Map 49, Block 112). (Owner of record: Elaine L. Capozzoli). Members sittina: J. Friel, M. Makunas, E. Govoni Attorney Steven Murphy represented the applicant. He explained that the lots had been purchased in 1974 and held in contiguous ownership. He said that the area is now serviced by public water and inability to use the land would cause financial hardship. He said that Mr. Priestly would be interested in purchasing only if there are three lots. Mr. Friel read a petition from the Briarwood owners' Association opposing the granting of a Variance for the two lots on Hilltop Road. Joan Muse. a realtor, said that the owner had been trying to sell for two years. She said that taxes and assessments on the property are almost double what they can be sold for. She said lots individually are under agreement for 520,000 each whereas the assessed value on them is over $100,000. She said that off Cape residents were not aware of the zoning change. • Gregory wiliis, a resiaent of Briarwood, said there are a number of lots in Briarwood 1n the same situation. He said the Town wants to aecrease the population and he thinks the DeoDie of Briarwood would rather see half -acre lots.