06/22/2011 ZONING BOARD OF APPEALS Minutes

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' MASHPEE ZONING BOARD OF APPEALS JUNE 22, 2011 MINUTES • Mr. Nelson said that the lot coverage calculation on the site plan is incorrect, but that the proposal would not exceed the 20% allowed. No comments were received from abutters. Mr. Blaisdell made a motion to grant a Finding of Fact to allow for the proposal. Findings: Such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. Conditioned upon compliance with plan dated May 24, 2011 and signed by Professional Land Surveyor Kevin E. Danahy entitled: "Cyprus Design, Inc. Plot Plan of Land, 5 Shore Drive, Mashpee, MA. Prepared for Desmond Kelly". Mr. Nelson seconded the motion. Ms. Horton voted yes. Mr. Furbush voted yes. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Vote was unanimous. Stephen Berish, Trustee: Requests a Finding under Section 174-24.J and a Special Permit/Modification under Section 174-25.E(2) to allow for retail and service donut/pastry shop with accessory drive-thru window on property located in a C -2/R-3 zoning district at 439 Nathan Ellis Highway (Map 72 Parcel 23) Mashpee, MA. Stephen Berish, Trustee: Requests a Variance from Section 174-25.F.7 of the Zoning By-laws to allow for retail and service donut/pastry shop with accessory drive-thru • window on property located in a C -2/R-3 zoning district at 439 Nathan Ellis Highway (Map 72 Parcel 23) Mashpee, MA. Attorney Kevin M. Kirrane said that the Petitioner has requested continuance of the Petitions due to some issues with the prospective tenant. Mr. Furbush made a motion to continue the Petitions until July 27, 2011. Mr. Blaisdell seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Vote was unanirnous. Peter R. and Carolie D. Owens: Request 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 of Fact under M.G.L. Chapter 40A Section 6 to raze and replace a pre-existing, non -conforming structure on property located in an R-3 zoning district at 166 Waterway (Map 111 Parcel 89) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton. Mr. Ronald S. Bonvie said that he was stepping down from this Petition. Peter R. and Carolie D. Owens: Request a Variance from Sections 174-31 and 174-33 of the Zoning By-laws to vary the front and side setback requirements and the setback requirements from water and wetlands to allow for construction of a dwelling and pool on • property located in an R-3 zoning district at 166 Waterway (Map 111 parcel 89) Mashpee, MA. K