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<br />MASHPEE ZONING BOARD OF APPEALS
<br />SEPTEMBER 10, 2014
<br />MINUTES
<br />Ms. Landry stated the pool is 18 feet in diameter and needs to place the pool 5 to 7 feet
<br />from the side yard property line because she needs to access the pool to clean it.
<br />Mr. Bonvie made a motion to issue a Written Finding under Article V §174-17 of the
<br />Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension, or
<br />alteration of a pre-existing, non -conforming structure to allow for construction of an above
<br />ground pool on property located in an R-5 Zoning District at 44 Pequot Road, (Map 29
<br />Parcel 99), Mashpee, MA. (Continued from July 23, 2014 Hearings, opened but not heard).
<br />Referencing a certified plot plan, Bayport Homes, scale: F'= 30', date: 10/6/88, drafted by
<br />All Cape Survey Consultant, Rte. 28, Ste. 301, Summerfield Park, Mashpee, MA, stamped
<br />by Christopher Costa, Registered Land Surveyor, and depicts the pool will be located
<br />approximately 5 feet from both the rear and side yard lot line and also there is an existing
<br />shed that applicants stated is closer than 5 feet. The shed will be moved and the applicant
<br />will take direction from the Building Commissioner in reference to relocating the shed.
<br />Also making the motion, the Board finds the pool is not substantially more detrimental than
<br />the existing non -conforming structure. The new pool will be an improvement and conform
<br />to current building code requirements, is compatible in size and character to other
<br />structures in the neighborhood, and there is sufficient parking and setbacks as may be
<br />required.
<br />Mr. Blaisdell, seconded, yes, Mr. Jodka, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes.
<br />All were in favor.
<br />Mashpee Commons, LP: Request minor modifications under Special Permit SP -86-04-
<br />024 to address actual built conditions, relocate certain square footage of building space and
<br />location of parking areas, and previously approved residential units as permitted on
<br />property located in a C-1 Zoning District, at 38 Nathan Ellis Highway, Building 3, (Map
<br />74 Parcel 20), Mashpee, MA. (Continued from August 27, 2014 Hearings).
<br />Mr. Bonvie announced he will abstain from this petition.
<br />Mr. Blaisdell stated that with Mr. Bonvie abstaining will leave only four board members
<br />sitting on the hearing. All applicants are entitled to have a five member board with a five
<br />member board four positive votes and one negative vote the petition would pass. With only
<br />four members, sitting on the board it would take a unanimous vote for the petition to pass,
<br />and will grant you a continuance if you desire.
<br />Mr. Tom Feronti, representing Mashpee Commons, returned in front of the Board from the
<br />continued hearing on August 27, 2014 regarding Building 3 (Asia Restaurant). After the
<br />meeting, the following week he met on site with the Chairman, the Vice Chairman, of the
<br />ZBA, Building Commissioner, and members of the Mashpee Fire Department to address
<br />some of the concerns related to the civil design of the building. The civil engineer updated
<br />the civil plans which shows the location of the fire department connection and the gate.
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