1996-1998-APPEALS MINUTES - Laserfiche WebLink

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Board of Appeals Minutes- July 22, 1998 2. Mr. Green, an abutter, questioned what type of project is involved, the location of the septic system, and what size dwelling is proposed. The Building Inspector stated that he would require 30 foot front setback and 10 foot side and rear setbacks. Attorney Mills stated that the lot would only accommodate a small house. Mr. Regan stated that since there has been a building on the property for such a long time,that the proposed dwelling would be a major upgrade and, further, since the applicant will be staying under the 20% lot coverage, he was comfortable with it. Mr. Nelson moved to grant the special permit subject to the following conditions: a single family dwelling be constructed with a minimum of 30 foot front setback, 15 foot sideline setback,10 foot rear setback, no more than 35 feet in height and no more than 20%lot coverage. Building Inspector indicates that the lot is buildable. Mr. Guerrera seconded. All agreed. Charles Wilson-Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot coverage requirements to allow 26%lot coverage on property located in an R-3 zoning district at 87 Uncle Edward's Road (Map 117,Block 211) Mashpee, MA. (Owner of record: Helen R. Alish). Members sitting: R. Guerrera, J. Dorgan, R. Nelson, Mr. Regan stepped down from the Board for this meeting. Michael A. Dunning represented the applicant. He submitted a memo to the Board along with a new plan. He stated that only 18% of the lot is covered taking in account that the porch and deck will bring it up to 26%; and that the by-law is unclear as to whether or not impervious structures are included. The size and shape of the lot does restrict the use of the small lot which was created in a 1945 subdivision plan. The Building Inspector stated that the engineer needs to submit a new plan with dimensions. Mr. Nelson read a letter from neighbors in opposition concerning parking and road access. He also read a letter from abutter Judge Kelly opposing the large-size dwelling being constructed on a small lot. A lengthy discussion followed. Comments from residents in the area: "We would all like to build garages on our lots, but we're restricted.""Why entertain variances when the laws are in place."Dunning responded by saying that the house is consistent with the other houses in the area and that is the reason for the existence of the Zoning Board of Appeals. Mr. Ameno of 76 Shore Drive asked why a variance should even be considered. Other comments from area residents included: "There is a terrible parking problem up in Popponnessett." "The land was purchased within the last year and the owner knew these restrictions were in place. If he wanted to build a bigger house, he should have bought land in a different area." Mr. Dorgan moved that the application be taken under advisement and a revised set of plans be submitted showing the setbacks and the 20%lot coverage. Mr. Guerrera seconded. All agreed.