04/27/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Peter Costill 37 Monomoscoy Road West Mashpee,MA 02649 V-2011-13 Mr. George Leach, a direct abutter at 30 Overland Road, said that Overland Road is a private road which his family installed the road in the 1960's. Mr. Leach said that he is opposed to a large structure such as a garage, which could be used as a weekend retreat. Mr. Jonathan Ellis represented the Southwick family, also direct abutters. He said that they object to the proposal because the Petitioner will be transporting his boat across their property in order to access the water. Attorney Brian Wall represented Mr. Jack Carter, a resident at 17 and 20 Monomoscoy Road West. Attorney Wall stated that the Petitioner is not eligible for a Special Permit under Section 174-25.1-1(7) because a boathouse is not specifically mentioned in the By-law nor does the By-law use the phrase `other uses'. He said that the proposal to use the small sliver of land for a boathouse is not consistent with the Town By-laws, specifically under Section 174-24.C(2). Mr. Carter said that he is concerned with the Board setting a precedent for property owners in the area who will try to develop their undersized lots in a similar manner. Attorney Wall said that the Petitioner was aware of the Zoning By-laws when he purchased the property in 2002 for $60,000; therefore he cannot establish hardship to justify his request for Variance relief. Attorney Wall said that the Petition amounts to a request for a use Variance, which is not allowed in Mashpee's By-laws. After being questioned, Mr. Costill admitted that he plans to sell the subject property. The Board decided to forward the Petitions to Town Counsel for legal opinion and continued the Petitions until May 25, 2011. At the Public Hearings on May 25, 2011, Mr. John Slavinsky represented the Petitioner and said that the proposal does not cross over any other properties. The Conservation Commission has issued an Order of Conditions. Attorney Patrick Costello attended the meeting as legal counsel to the Board. He stated that Section 174-25.H.(7) of the Zoning By-laws gives the Board discretion to determine if a Variance can be granted and allows for permit issuance under this section of the By-law. After a short discussion with the Board, Mr. Costill agreed to reduce the size and move/rotate the location of the proposal. The Board voted to continue the Petitions until June 8, 2011 to allow for submission of revised plans. At the Public Hearings on June 8, 2011, Mr. John Slavinsky of Cape & Islands Engineering stated that the proposed boathouse has been reduced in size and has been relocated. The Conservation Commission has approved the project. The Board of Health has prohibited installation of any plumbing service to the boathouse. 2