04/09/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 9, 2014 • MINUTES Mr. Varetimos stated there are approximately 8-9 open parking spaces available in the back, and there's always plenty of parking spaces open in the front for patrons and customers. The structure is approximately 8 feet high and will be put directly on the pavement. There is already electrical supplied from the overhead parking lights and there will be an extra line installed. Mr. Jodka made a motion to approve Christos Varetimos', (Brickyard Marketplace Nominee Trust) request for a modification under Special Permit SP -98-83 to place a 16 foot by 10 foot cooler/freezer in rear of retail restaurant on property located in a C-2 Zoning District at 439 Nathan Ellis Highway (Map 72 Parcel 23), Mashpee, MA. (Owner of record: Stephen Berish, Trustee). Referencing a plot plan prepared by; Dasilva Survey Services, 184 Bluejay Lane, E. Taunton, MA, titled; Site Plan, 439 Nathan Ellis Highway, Mashpee, MA., dated 03/10/2014, and also a drawing depicting the proposed cooler, prepared by; U.S. Cooler, 401 Delaware St., Quincy, IL, dated 3/12/2014, drawn; Web 1.0.216. Mr. Furbush seconded, yes, Mr. Blaisdell, yes, Mr. Reiffarth, yes, Mr. DeBarros, yes, Scott Goldstein, yes. All were in favor. Kenneth Konikowski: Request a modification under Special Permit SP -05-49 to enclose the exiting second floor deck and to add 111+/- square feet of cantilevered deck outside the enclosed area on property located in an R-3 Zoning District at 95 Whippoorwill Circle • (Map 125 Parcel 152), Mashpee, MA. . Attorney, Kevin Kirrane stated he represents the petitioner in connection with the modification of the special permit granted by the Board in 2005. He provided the Board with plans and photographs of the existing structure. As indicated in the written presentation, the lot was actually created back in the 1970's. The building was constructed in the 1980's and applied 10 years ago for a substantial renovation to the existing structure. That renovation included an expansion of living space as well as the addition of a garage as provided in the photographs. A permit is probably not needed by the Board relative to enclosing the deck because it's just a glass enclosure around and overhead, but it is required to modify the permit as it relates to the extension of the deck which would provide some outdoor uncovered space of the second floor deck. There was discussion back in 2005 relative to how the Board would treat this particular lot because of the significant intrusion of the wetland resource area. Unfortunately, when these lots were created, the Zoning Bylaws relative to the induction of the wetland resource areas and things of that nature did not exist, and people built their homes and rules changed. • In effect, if someone were to look at the entire lot as originally approved by the Town Planning Board, the total lot area would be 18,950 square feet. The current lot coverage on a lot of that size would be about 14.3% if we were to add the 111 square feet of that cantilevered second floor deck that would increase the lot coverage to 14.62%. 5