02/11/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 11, 2004 2 John and Lena Malone: Request a Special Permit from Section 174-25 A(8) of the Zoning By-laws in order to legalize an existing accessory structure on property located in • an R-3 zoning district at 52 Hemlock Drive (Map 29 Parcel 34) Mashpee, MA. Sitting: James Regan, Robert Nelson, Marshall Brem. John Malone represents himself at this hearing. He is seeking to legalize an apartment that he obtained a permit to build 17 years ago and occupancy as well. At that time, there was no requirement to come before the Zoning Board to obtain a special permit. He would like to legalize it now and obtain a special permit. Mr. Wheeler feels that with a new occupancy inspection, a special permit should not be a problem. Mr. Malone will work this out with the Building Department as far as an occupancy inspection goes. The Board of Health has authorized his septic to accommodate this additional bedroom. Mr. Nelson moves to grant the special permit. Marshall Brem seconds the motion. All agree. So moved. Elizabeth Johnson: Requests a Variance from Section 174-31 of the Zoning By-laws in order to build a 24'x26' garage with a mudroom attached to existing dwelling on property located in an R-3 zoning district at 14 High Sachem Road (Map 61 Parcel 39) Mashpee, MA. Sitting: James Regan, Robert Nelson and Zella Elizenberry. Elizabeth Johnson represents herself at this hearing. She is seeking a variance of 25 feet in order to build a garage with a mudroom. Due to the fact that this is a corner lot, she is presented with a hardship to accommodate two front yard setback requirements of 40 feet instead of just one. The Board reviews the plans and discusses landscaping along what would be considered one of the fronts. The Board would like to see fast growing shrubbery, 4-8 feet in height(ie. Arborvitae) along the foundation (24 feet long) approximately 5 feet out from the foundation. There is discussion regarding the zoning district she is in due to the fact that the set of engineered plans indicate R-5 with an 80,000 square foot landspace requirement. Mr. Wheeler double checks the zoning and it is R-3 which is 40,000 square feet. The Board would like the "R-5" stricken from the plans and replaced with the proper zoning district "R-3". An abutter, Clint Owen of 31 High Sachem Road request to see the plan and where she is putting it. He reviews the plan with Ms. Johnson and he has no problems with it. Zella Elizenberry moves to grant the 25-foot variance on the northerly sideline and a 27,129 square foot landspace variance. Mr. Nelson seconds the motion. All agree. So moved. Reference plans drawn by William L. Snow of Wareham, MA, dated January 13, 2004 as prepared for Elizabeth Johnson. LaCava Family II, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements and frontage requirements to deem lot buildable on property located in an R-5 zoning district at 320 Old Barnstable Road (Map 59 Parcel 8) Mashpee, MA. LaCava Family 11, LLC: Requests a Variance from Section 174-31 of the Zoning By- laws in order to vary the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 35 Payamps Road (Map 59 Parcel 12) Mashpee, MA.