04/24/2002 ZONING BOARD OF APPEALS Decisions

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' I Mashpee Zoning Board of Appeals were appealed. Mr. Govoni said that the abutters should be given the courtesy of a plan with dimensions in order to make an informed decision. Mr. Guerrera said that the attorney made a recommendation that the client should consider. Mr. Borgeson clarified that the Board would den the Petition if the Petitioner boner were asking for a decision tonight. Mr. Nelson said that regardless of what the tax collector and assessor has done on the books,the lots have been merged. Mr. Regan expressed displeasure at the unreasonable request of the abutters that the proposed home should be restricted to 1,700 square feet in size. He said that if the lots were sold as one lot that there would be an `8,000 square foot home on the property'. Mr. Regan also expressed disappointment with Attorney Kirrane that you faxed something at 3:00 today' and `you do that the next time and we won't have the patience'. He also said that `that was unrealistic' to consider that as agood faith effort to work with the neighbors. Mr. Colby said that he appreciated that the Board is willing to work with him. Attorney Kirrane asked for a continuance to allow for the Petitioner,prospective owner and abutters to sit down and discuss with the abutters. Mr. Govoni moved to continue the Petition until July 24, 2002 to allow for the Petitioner, prospective owner, abutters and legal counsel to confer. Mr. Regan seconded. All agreed. The Board and Attorney Kirrane signed a continuance agreement, which will be filed with the Town Clerk. August 28, 2002 II,! Sitting: Edward M. Govoni, James E. Regan, III and Robert G.Nelson j Mr. Scott Colby, son of the petitioners, represented the petitioners Donald and II'I II Evelyn McIntyre. He presents the information the Board of Appeals requested at the July !; 24, 2002 meeting. He presents a copy of the newly designed house that was previously shown to the Board and all interested abutters with a reduced square footage that is acceptable to all parties. They have arrived at 15.6% lot coverage. The revised site plan was sent the Board of Health to ensure the septic system, which was designed for a larger house, is still acceptable. Letter is in file. Both abutters are agreeable with this plan. Mr. Wheeler, Building Commissioner and Zoning Enforcement Officer,previously denied j this matter and determined this lot was unbuildable after seeking advice from Town i I I !! b1 Counsel Kopelman and Paige. Town Counsel recommended denying the variance under I!II Massachusetts General Law Chapter 40A, Section 10. No comments were received from abutters. After many continuances and much discussion Mr. Govoni moves to grant the following: ♦ To overturn Mr. Russell Wheeler's decision and grant a variance of 28,150 square feet to petitioners Donald and Evelyn McIntyre for 184 Waterway. This variance is ! ! granted on the condition that the petitioner complies with the set of plans from Cape 5