05/25/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 25, 2011 MINUTES • at the mean high water mark for a ramp. Mr. Slavinsky offered to call the proposal a 98400t long bench or a 32 -inch wide fence. Mr. Maintanis confirmed that the side setback for structures is 15 feet Attorney Brian Wall represented direct abutter Mr. Jack Carter of 17 Monomoscoy Road West. He explained his client's opposition to the proposal — that the Boardwalk is only allowed as an accessory use to a principal use. The principal use proposed for this lot is agriculture. Attorney Wall argued that a dock is not an accessory use to agriculture. He said that the owner cannot claim hardship since the owner was aware that the property could not be used without grant of Variance. Mr. Nelson said that the situation has not changed from a few years ago when the Board denied this request. The rest of the Board agreed and said that they would not support the proposal. After Mr. Blaisdell read Section 174-25.H(7), Mr. Slavinsky admitted that the proposal does not fall under the category of a dock. He chose to withdraw both Petitions without Prejudice. Mr. Blaisdell made a motion to accept the request to Withdraw Without Prejudice the Petition for a Special Permit and the Petition for a Variance. Mr. Furbush seconded the • motion. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Vote was unanimous. Peter Costill: Requests a Special Permit under Section 174-25.H(7) of the Zoning By-laws for permission to construct a boathouse on property located in an R-3 zoning district at 37 Monomoscoy Road West (Map 114 Parcel 11) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell and James Reiffarth. Peter Costill: Requests a Variance from Sections 174-31 and 174-33 of the Zoning By-laws to vary"the land space requirements and the setback requirements from water or wetland to allow for construction of a boathouse on property located in an R-3 zoning district at 37 Monomoscoy Road West (Map 114 Parcel 11) Mashpee, MA. Costill Petitions Continued from April 27, 2011 to allow for Town Counsel opinion. Sitting: Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell and James Reiffarth. Mr. John Slavinsky represented the Petitioner and said that the proposal will not be called a boathouse. It will be a garage. He said that the proposal does not cross over any other properties. The Conservation Commission has issued an Order of Conditions. • Mr. Slavinsky referred to Section 174-24.J of the By-laws, which Attorney Costello read: "Where a use is not specifically listed in the §174-25 Table of Use Regulations, said use may be allowed if a finding is made by the Zoning Board of Appeals that said use may be 2