1996-1998-APPEALS MINUTES - Laserfiche WebLink

Home Browse Search

Board of Appeals Minutes -May 27, 1998 2. There would be a hardship restricting a small subdivision to 20% development 4. The abutters are in favor. 5. The lots are larger than required and 6. This could be an extension of the Childs River East cluster subdivision which has no time constraints on development. Mr. Nelson seconded. All agreed. John and MM H. Pellegrini, TRS. - Requests a Variance from Section 174-31 of the Zoning By- laws for permission to vary the lot size and frontage requirements on property located in an R-5 zoning district at 35 Pondview Ave. (Map 58, Block 75) Mashpee, MA. Members sitting: E. Govoni, J. Regan, C. Hawver Mr. Pellegrini said he had three lots on Pondview Ave. and constructed his home on the center lot in 1972. He said he had been paying taxes on three lots and had never been notified of changes in the zoning made in 1990. Mr. Govoni discussed the case of Willard v. Board of Appeals of Orleans. Ms. Hawver moved to grant the Variance to vary the lot size and frontage requirements with the findings that: a literal enforcement of the By-law would cause hardship to the petitioner, relief may be granted without detriment to the public good, consistent with the lots in the neighborhood, without relief it could not be used for a residence,and the lot has been assessed as a separate buildable lot. Mr. Regan seconded. All agreed. Alexander Mitrokostas, TRS. -Requests a Variance from Sections 174-31, 174-11, 174-45.1 of the Zoning By-laws for permission to vary the sideline setback requirements, lot frontage requirement on Route 151, lots in multiple zoning district requirements and setbacks for commercial centers on property located in a C-2 zoning district at 387 Nathan Ellis Highway (Map 72, Block 57A) Mashpee, MA. Alexander Mitrokostas, TRS. - Requests a Special Permit under Sections 174-25.D.1, 174- 25.E.4, 174-25.E.4 and 174-25.H.6 of the Zoning By-laws for a multi-use retail building on property located in a C-2 zoning district at 387 Nathan Ellis Highway (Map 72, Block 57A) Mashpee, MA. Members sitting: E. Govoni, J. Regan, R. Nelson Ms. Hawver stepped down from the Board for this hearing. Attorney Robert Mills represented the Applicant and submitted a written request for withdrawal of the Special Permit application without prejudice. He said it appears the Planning Board has jurisdiction. He explained that he requested three Variances: sideline setback, frontage setback requiring 50 foot buffer strip and 174-11 for encroachments into residential districts. 80% of the lot is in C-2 and he does not intend to encroach more than 30 feet into the R-5 district. 174-45.1 which allows for parking within the buffer strip.