12/11/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECEMBER 11, 2013 MINUTES Mr. Blaisdell made a motion to withdraw Edward H. & Karen E. Yeomans request for a Variance from Article V §174-31 of the Zoning By-laws to vary the front, rear and side setbacks to allow for construction of a 263 square foot deck and outdoor kitchen with raised seating area and trellis on property located in an R-5 Zoning District at 23 Birch Way, (Map 27 Parcel 88), Mashpee, MA. (Continued from November 13, 2013 Hearings). Mr. Furbush second, Mr. DeBarros, yes, and Mr. Goldstein, yes. All were in favor. The Board determined a Written Finding is not required because the new plans show the deck is under the square footage. Lawrence E. & Susan G. Johnson: Request a Written Finding under §174-17 of the Zoning By-laws and M.G.L. Chapter 40A §6 concerning continuance, extension or alteration of a pre-existing, non -conforming structure to allow for a new addition and deck of dwelling on property located in an R3 Zoning District at 408 Monomoscoy Road, (Map 124 Parcel 42), Mashpee, M.A. Attorney, Kevin Kirrane requested a continuance until January 8, 2014 hearings, with a full member board. • Mr. Blaisdell made a motion to continue until January 8, 2014 hearings. Mr. Furbush, second, Mr. DeBarros, yes, and Mr. Goldstein, yes. All were in favor. Thomas F. and Bonnie A. Smith: Request a Special Permit under §174-25 (I) (9) of the Zoning By-laws to allow for construction of a landing, stairs, pier, ramp and float extending across a total of more than seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands and/or coastal wetlands, freshwater wetlands, swamps or marshes on property located in an R-3 Zoning District at 266 Monomoscoy Road (Map 120 Parcel 57B), Mashpee, MA. Mr. Tom Smith representing himself stated he is requesting a walkway to Great River. He stated he would eventually like a real dock but is currently proposing an economical access to the River. Mr. Furbush asked if there is a structure at the end of the walkway, and if Conservation put a restriction on any boats being docked. Mr. Smith said there was no mention of any restrictions. He read an email comment from Conservation; "Approved by Conservation on 11/14/13." Mr. Blaisdell read an email comment from the Board of Health dated 12/4/2013: "The property is in violation of Title V. Owner failed to maintain an operations and maintenance contract for the innovative/alternative septic system. Board fined owner $800.00 in May that has not been paid."