02/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 24, 2010 Mr. Furbush moved that the Board's Finding of Fact under Section 174-17 of the Zoning By-laws • find that the proposal is not 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. The Finding of Fact is conditioned upon compliance with the following: • Cape & Islands Engineering Plan Entitled: "PROPOSED HOUSE RECONSTRUCTIONS PREPARED FOR STEVE & CINDY ADAMS, HSE. NO. 370 & 370A MONOMOSCOY ROAD, MASHPEE, MASS. PLAN NO. 111609, FILE NO. 11 IMA, SEPTIC FILE NO. 76, SCALE: 1" = 20', DATE: NOV. 16, 2009, PCS FILE: mono370". • The travel way shall be limited to a width of 12 feet and it shall abut the easterly line of the way. • Parking on the lot shall be in the area referred to as the "Way". The parking area to the subject property shall not be accessed from Monomoscoy Road. Mr. Blaisdell seconded the motion. All were in favor. The vote was unanimous. Stephen R. Hanlon: Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front setback requirements to allow for construction of a garage on property located in an R-5 zoning district at 491 Main Street (Map 27 Parcel 73) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell, and John Dqrsey. Mr. Furbush read the Petition into the record. Mr. Hanlon represented his Petition and said that the topography of his property limits the location of the proposed garage. Mr. Dorsey agreed that the steep pitch of the property creates a hardship on the Petitioner. Mr. Nelson said that he had • visited the property and that the back of the yard is a tremendously deep hole. Mr. Hanlon said that some of the black top area would be eliminated with construction of the garage. Lot coverage will remain well below the maximum allowed by the By-laws. Mr. Nelson asked for comments from abutters. No comments were received. Mr. Reiffarth moved to grant a Variance of 17.5 feet from the front setback requirements to allow for construction of a garage on the subject property. This Decision is conditioned upon compliance with Cape & Islands Engineering Plan entitled: "HSE.NO,491, MAIN ST. ROUTE 130, PROPOSED LOT COVERAGE = 13%, PLOT PLAN OF LAND LOCATED IN MASHPEE, MASS. PREPARED FOR STEPHEN HANLON, DATE: JAN.29,2010, SCALE: 1"=301.11 Mr. Blaisdell seconded the motion. All were in favor. The vote was unanimous. RESCHEDULED HEARING FROM FEBRUARY 10, 2010 Yarmouth Fish and Lobster, LLC d/b/a Mashpee Fish and Lobster: Requests a Modification of a Special Permit under Sections 174-25 F (7) and 174-25 I (10) to allow for limited food preparation on site, take-out window, and expanded product availability to include ice cream and outdoor picnic tables on property located in a C-1 zoning district at 528 Falmouth Road (Map 74 Parcel 16) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell, and John Dorsey. 0