06/08/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JUNE 8, 2011 Monomoscoy Road West (Map 114 Parcel 11) Mashpee, MA. Continued from April 27,. • 2011 and May 25, 2011 Public Hearings for Town Counsel opinion and revised.plans. 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. Continued from April 27, 2011 and May 25, 2011 Public Hearings for Town Counsel opinion and revised plans. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Board Member Ronald S. Bonvie. Mr. Bonvie confirmed that he had executed the requirements pursuant to Article 21 in order to qualify to sit on the Petitions and he signed the written certification. Mr. John Slavinsky of Cape & Islands Engineering represented the Petitioner and said that the proposed boathouse has been reduced in size and relocated. The Conservation Commission has approved the project. After discussing the plans at length, Mr. Blaisdell made a motion to grant the Special Permit. Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Vote was unanimous. • Mr. Blaisdell made a motion to grant the following Variance relief: • 9 feet from the setback requirements from water and wetlands. • 4 feet from side setback to Town -owned property. 28 feet from the front setback requirements from Overland Road • 26 feet from the front setback requirements from Monomoscoy Road West. Findings: Corer lot with two front setbacks, soil conditions and topography. These Decisions are conditioned upon compliance with Cape & Islands Engineering Plan entitled: "PROPOSED BOATHOUSE LOCATED IN MASHPEE, MASS. PREPARED FOR PETER COSTILL, DATE: MAR.31.2008, REV'D MAY 15, 2008, MAY 20, 2008 JULY 11, 2008, MAY 15, 2011, MAY 31". Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Vote was unanimous. NEW HEARINGS Joan M. Allegrini: Requests a Finding of Fact under Section 174-17 and Rebuild of destroyed or damaged non -conforming structure under Section 174-20 of the Zoning By- laws and a Finding under M.G.L Chapter 40A Section 6 in order to raze and replace a pre- existing, non -conforming structure on property located in an R-3 zoning district at 146 Waterway (Map 105 Parcel 236) Mashpee, MA. Joan M. Allegrini: Requests a Variance from Sections 174-31 and 174-33 of the Zoning • By-laws for permission to vary the front setback requirements, the lot coverage requirements and the setback requirements from water and wetlands to allow for 2