1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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FA MASHPEE BOARD OF APPEALS • MINUTES November'8, 1989 The Mashpee Board of Appeals held a meeting at the Mashpee Town Hall on Wednesday, November 8, 1989 at 7:30 p.m. Board members present and acting throughout were: Cheryl A. Hawver, Michael A. Makunas, Richard E. Halpern and John J. Friel. Board member William J. Hanrahan was present from 7:30 p.m. to 9:00 p.m. and Board associate member Edward M. Govoni was present for all hearings except Bonwood Co. Douglas S. Boyd, Building Inspector, was in attendance. Jeffry L. Arnold - (Owner of record: Jeffry L. and Cynthia E. Arnold) - Requests a Special Permit under Section 5.1 of the Zoning By-laws for permission to change or extend a non -conforming structure in an R-3 zoning district on property located at 19 Bluff Avenue (Map 111, Block 146) Mashpee, MA. Members sitting: C. Hawver, M. Makunas, and W. Hanrahan Mr. Frank Peros, builder, represented Mr. Arnold. He informed the Board that the applicant proposed to replace a seasonal cottage with a year-round home. The existing structure has side set backs of 13' on one side and 18.5' on the other. The Board advised • Mr. Peros that the 13' set back was protected but that a minimum of 15' would be required on the other side. Mr. Boyd explained that one of the plans presented would result in a 14' side setback and would then require a Variance. Mr. Hanrahan reviewed Massachusetts law on Variances and said Mr. Arnold would have to prove hardship due to the shape of the lot or topography of the land if he applied for a Variance. There were no comments from abutters. Mr. Peros said he would consult with the owner on the possibility of revising the plan to conform with the Zoning By-laws. Mr. Makunas moved to grant the Special Permit to allow expansion of a non -conforming structure as long as it does not encroach on the side line set back. Mr. Hanrahan seconded. All agreed. r1 U