4/23/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - April 23, 1997 2 James E. and William E Paquette -Request a Special Permit under Section 174-25.1.9 to allow the construction of a pier, ramp and float in the Mashpee River on property located in an R-3 zoning district at 160 Captain's Row (Map 96, Block 27)Mashpee, MA. Members sitting: E. Govoni, C. Hawver, J. Dorgan Mr. Nelson stepped down from the Board for this hearing. Engineer David Sanicki represented the applicant and explained that the proposed dock was 70' long and did not have any marsh area. Mr. Govoni noted that the By-law reads that docks should be measured from the high tide mark and does not apply to this application, The proposal has been approved by Conservation and. Shellfish. Ms. Hawver moved to grant the Special Permit. Mr. Dorgan seconded. All agreed. Jane L. Lincoln- Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the minimum frontage requirement in an R-5 zoning district on property located at 170 Pimlico Pond Road (Map 2, Block 3)Mashpee, MA. Members sitting: E. Govoni, C. Hawver, M. Makunas Attorney Kevin M. Kirrane represented the applicant and informed the Board that a Variance for frontage was granted by the Board in 1985 but that the proposed house was never built. He said that the lot had been created by a Planning Board ANR plan, He said that the Building Inspector was of the opinion that the Variance would run with the land since there was already an old structure on it but that the attorney for a prospective buyer felt that the Variance had expired. Mr. Kirrane explained that the Lot is identified as Lot 2 in the original Variance and on the ANR plan but is identified as Map 2, Block 3 on the Assessor's records, Mr. Kirrane said the lot was a long narrow lot with a drop of 70 feet. Mr. Govoni stated that he felt a new Variance was required. Mr. Makunas moved to grant the Variance. Ms. Hawver seconded and found that the topography of the lot with the slope of 70feet created a hardship in the use of the land, the lot is narrow and has adequate access, a Variance was granted earlier and is similar in size to other lots in the area, All agreed.