1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

Home Browse Search

BOARD OF APPEALS Minutes January 11, 1989 Page 5. NOTICE OF APPEAL - Riverbend Realty Trust appeals the Building Inspector's decision regarding signage at the premises located at 100 Great Neck North (Map 45, Lot 3) Mashpee, MA. (continued from December 14, 1988). Members sitting: W. Hanrahan, C. Hawver, M. Makunas Attorney Kevin Kirrane represented the Petition. He reviewed changes in the law of February, 1988 (Chapter 40A, Section 7) relating to structures considered to be non -legal by virtue of lack of permit or violation of zoning requirements. The statue provides that if the structure is in place for ten years no action can be taken by any authority requiring alteration. Mr. Kirrane said the sign had been in place for 15 years. Douglas Boyd reviewed Building Code p. 468, Section 1404.1 which states that a sign shall not be reconstructed unless it is made to comply with current zoning. Mr. Kirrane questioned the definition of "reconstruction". He said that under Section 10.2.3 of Mashpee Zoning By-laws repainting or maintenance was not considered "reconstruction". Mrs. Hawver said Falmouth is now requiring permits for any changes in signs.' Mr. Makunas questioned the location of the sign on Town property. Mr. Kirrane responded that the sign was protected by the statute of limita- tions. Mr. Hanrahan stated that the location of the sign was one issue but he did not consider that the sign had been "reconstructed". .Mr.'Hanrahan moved to take the petition under advisement. Mr. Makunas seconded. All agreed. SHC, INC. D/B/A Deer Crossing Market (owners of record: Paul J. Hartel and Wm. W. Peters, Jr. TR)- Requests a Variance under Sections 10.3.7 and 10.6.4 of the Zoning By-laws pertaining to signs on property located at 681 Falmouth Road (Map 81, Lot 23) Mashpee, MA. (Advisement) Members sitting: W. Hanrahan, C. Hawver, M. Makunas Mr. Makunas moved to deny without prejudice. Mr. Hanrahan seconded. All agreed. Sandra J. Reeves - Requests a Variance under Section 7.4 of the Land Space Requirements for permission to vary the setback requirements in an R-3 zoning district on property located at 117 Summersea Road (Map 105, Lot 70) Mashpee, Massachusetts. Members sitting: W. Hanrahan, C. Hawver, M. Makunas Mr. Makunas moved to grant variances permitting a 15.8' frontline setback, 4.4' sideline setback and 6.4' rear setback subject to plans and letters stamped and signed: Heritage Landscape Plan 12/7/88, Reeves letter 12/12/88, M. Clayman letter 12/20/88, Reeves letter 12/30/88 and Arrow Plan 9/30/88. Mr. Hanrahan seconded. All agreed. JOHN J. SULLIVAN - Mr. Makunas moved to release the letter of credit so dated December 28, 1987. Mrs. Hawver seconded. All agreed. Meeting adjourned 10:10 p.m. Respectfully submitted, Elinor Walsh