1996-1998-APPEALS MINUTES - Laserfiche WebLink

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for which it had been laid out and for which the balance of the lots in the subdivision were being used. Estate of Ann V. Presgraves - Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot size and frontage of property located in an R-5 zoning district at 41 i Claulise Lane (Map 45, Block 25) Mashpee, MA. An earlier Variance granted on this lot has expired. Members sitting: C. Hawver, J. Regan, E. Govoni Estate of Ann v. Presgraves was represented by K. Kirrane, Esq., Terry, Dunning, Kirrane & Terry. There was discussion regarding potential nitrogen loading problem caused by excessive building. J. Regan moved to grant the Variance from Section 174-31 as it was not a self imposed hardship but rather a hardship of illness which precluded use of the earlier Variance; that the Estate has made payments for taxes and betterments; that relief may be granted without detriment to the public good, and that without relief, the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance of the lots in the subdivision were being used. Andy's Market -Bryan W Anderson - Requests a Special Permit under Section 174-17, 174-51B and 174-55B of the Zoning By-laws for permission to expand a pre-existing non-conforming market with a 3,045 square foot addition to be used for storage and retain and to allow three signs over 20 feet on property located in a C-2 zoning district at 425 Nathan Ellis Highway (Route 141) Mashpee, MA. Members sitting: C. Hawver, J. Regan, J. Dorgan Brain Anderson represented himself. Plans were reviewed. There was an issue regarding the color of the signs. Mr. Anderson presented the colors suggested by design review. Neighbors (Chris Shute) present indicated they were not against the proposed changes provided the landscaping would continue to offer the privacy it has over the years. C. Hawver moved to grant the Special Permit stating that while the proposed addition will increase the non-conforming nature of the structure, the changes will not result in a structure or use which is more detrimental to the neighborhood that the prior non-conforming structure and its use and stating that the landscaping must be perpetually maintained to assure the neighbor's privacy. J. Regan seconded. All agreed.