02/13/2008 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes • 2 February 13, 2008 Attorney Kevin Kirrane of Dunning and Kirrane represents the petitioner at this hearing. They are seeking a variance in order to get relief from the setback requirements to both the sideyard and distance to the wetlands in order to build a new dwelling. Applicant is also seeking relief from the by law with respect to the proposed basement being below the 11' flood plan elevation and in light of the fact that the setback will be less than the 50' required from the wetlands. The new structure proposes only storage space below the 11' elevation with all utilities being located on the first floor level which is above the 14' flood plain elevation. There was an original variance granted (V-06-28) that was allowed to expire by applicant. He is seeking the same requests as in the previous variance. However, there is a new barn that has been built since the first variance request where applicant proposes to live while he builds the proposed house. The kitchen facilities will then be removed once he obtains an occupancy permit for the main dwelling. Applicant is aware that he is limited to 5 bedrooms total, therefore the board is • restricting the new dwelling to be four bedrooms maximum and the one bedroom above the barn will count as the fifth bedroom. James Reiffarth is concerned the total would be 6 bedrooms if a limit is not put on the new dwelling. Attorney Kirrane will produce new plans showing the proposed dwelling to possess no more than 4 bedrooms. There will be no habitable living space allowed under the 11 foot flood plane. The Board reviews the plans with Mr. Kirrane. After some discussion about future concerns, Jonathan Furbush makes a motion to grant a 4,061 landspace variance, a 50 foot frontage variance and a 25 foot variance to the wetlands. William Blaisdell seconds the motion. The motion is carried 4-1 with James Reiffarth voting no. Refer to plans from Christopher Costa & Associates, Inc., dated November 28, 2005, revised November 30, 2005, revised January 5, 2006 and revised March 15, 2006. Mashpee Commons Limited Partnership: Requests a Modification of an existing Special Permit (SP -86-04-024) from Section 174-31 of the Zoning By-laws, with certain conditions, to 18 operate and build a retail/office/restaurant and residential mixed-use complex and to address actual built conditions, relocate certain square footage of building space and location of parking areas and previously approved residential units. Such minor changes are