02/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS February 9, 2011 Minutes is Rivers Protection Act is to protect the commonwealth's rivers, streams and adjacent lands, which is necessary for the immediate preservation of the public convenience. Mr. Blaisdell made a motion to grant the Appeal of the. Building Commissioner's Opinion. Mr. Reiffarth seconded the motion. Mr. Blaisdell voted no. Mr. Bonvie voted no. Mr. Reiffarth voted no. Mr. Furbush voted no. Mr. Dorsey voted no. Petition was unanimously DENIED. NEW HEARINGS Martin K. and Kathleen A. Clark: Request a Special Permit under Section 174-45.4 of the Zoning By-laws to legalize an existing accessory apartment on property located in an R-3 zoning district at 76 Cayuga Avenue (Map 58 Parcel 17) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell, John M. Dorsey and James Reiffarth. Mr. and Mrs. Clark represented their Petition and said they are the new owners of the subject property. They -submitted photos along with a hand -drawn rendition of the existing accessory apartment. Mr. and Mrs. Clark are seeking a Special Permit for the +' accessory apartment in their name which will be recorded at the Barnstable County Registry of Deeds. • Mr. Nelson read the Board of Health memo which states that the existing leaching system will accommodate a 5 -bedroom dwelling. He said there is no need for the Petitioner to appear before Design Review and Plan Review. The Fire Department and the Building Department are requesting a re -inspection of the accessory apartment, for which there will be no charge. No corrunents were received from abutters. Mr. Blaisdell made a motion to grant the Special Permit contingent upon successful completion of a re -inspection by the Fire Department and the Bbilding Department. Mr. Furbush seconded the motion. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Dorsey voted . yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Petition was unanimously granted. Habitat for Humanitv of Cape Cod, Inc.: Requests a Comprehensive Permit under Massachusetts General Laws Chapter 40B to allow for construction of a single-family home on property located at 24 Russell Road (Map 120 Parcel 129A - tentative address contingent upon final ZBA approved plan) Mashpee, MA. Owner of record: John L. West and Cynthia J. West. Sitting: Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell and • John M. Dorsey and Associate Board Member Ronald S. Bonvie. Board Member James Reiffarth stepped down from this Petition. 3