5/22/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - May 22, 1991 2. Richard M. Cushner (cont.) Attorney Michael Ford, representing an abutter, Mr. Bafaro, spoke in opposition to the application. He stated that Dr. Kushner had a notice of violation from the Conservation Commission and that the dock was illegal since it was not built according to plans. He said the licensed plan called for pipe construction and the present structure was built of 4' x 4's. Attorney Ford requested that the Board deny the application. Dr. Cushner said he had a conversation with Conservation Agent Robert Sherman who requested him to get a permit since Conservation hoped to register all piers. Dr. Cushner said the original plan did not hold up and pieces of it were falling out into the river every spring. Mr. Makunas explained that Dr. Kushner had the option to request withdrawal without prejudice until complete plans and approvals were obtained or that the Board could take the application under advisement pending receipt of accurate plans. Attorney Nichols requested to withdraw the petition without prejudice. Attorney Ford stated he would like to be recorded as opposed to any withdrawal without prejudice since the structure has no standing as a non-conforming structure. Mr. Makunas commented that if the applicant has a permit for a seasonal dock and he completely removes it seasonally he is not in violation. Mr. Govoni said the Board needs further documentation. Mr. Makunas said he did not think the Board had sufficient reason to deny a request for withdrawl without prejudice. Mr. Friel moved to allow the petitioner to withdraw without prejudice. Mr. Hanrahan seconded. All agreed. Donna J. Austin - Requests a Special Permit under Sections 174-25.B.14 and 174-25.E.2 of the Zoning By-Laws for permission to operate a restaurant in a C-2 zoning district on property located at 470 Main St. (formerly Ma Glockner's Restaurant) (Map 27, Block 21) Mashpee, Ma. (Owner of record: Diane Cloutier TR.) Members sitting: M. Makunas, W. Hanrahan, J. Friel Attorney Kevin Kirrane represented the Applicant and explained that the property has been used for restaurant use for several years. He explained that the interior would be renovated and presented a letter from the Licensing Agent of Dennis stating that the applicant has operated a restaurant there with no violations.