05/28/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 2 May 28, 2008 assessing department has the home listed as a 2 bedroom and it has been that way for many years.. The Board does not have a report from the Board of Health on this matter, however Lori Corsi has obtained copies from the building file that shows a walk thru was done in April, 2008 by Veronica Warden, Assistant Health Agent and it is stated that it is a 4 bedroom. There are many people abutters here with questions as to the validity of the 4 bedrooms and how it got that way. K. Rosenfeld of 2 Pine Avenue: She is concerned with drainage problems that will end up in her property if the dwelling has that many bedrooms. There were issues with this matter previously and it has been a problem ever since. The Board asks her how many bedrooms she has — she states 5 bedrooms. She feels Mr. Bornstein should be restricted with lot coverage just the same as she was. Paul Dardano of 23 Pine Avenue: He has the same questions on the lot coverage. He came before the board as well for a raze and replace. He has the same questions for the board regarding the number of bedrooms that the Board of Health has come to determine. Mr. Nelson and Mr. Furbush discuss the fact that ZBA follows what they are told by the Board of Health and, if a motion is granted, is always done so conditioned on the approval of the Board of Health and the Conservation Committee . The permitting from the ZBA is part of a larger process that allows the applicant to get to the final step which of course is obtaining a building permit and ultimately a Certificate of Occupancy. This • cannot be acquired unless all of these boards and committees are satisfied. The variance request is questioned by several of the abutters — Mr. Bornstein is not asking for any further sideyard setbacks, or making the house any larger. In fact, he has removed the deck in order to reduce the existing lot coverage from 25.8% down to 24.6%. He is aware of the 20 % that the ZBA does not like to go beyond. Mr. Nelson and Mr. Furbush inform the abutters that each of these lots are very small much like their own. They have taken these requests case by case to ensure they are able to accommodate applicants request to the best of their ability. Betsv Mello: Requests a Special Permit from Section 174-25 B(11) of the Zoning By- laws in order to conduct daily Latin Dance classes known as "Zumba Classes" on property located in an I-1 zoning district at 68 Nicoletta's Way, Unit H (Map 26 Parcel 19) Mashpee, MA. Owner of Record: Rov Ricci Sitting: Robert Nelson, Jonathan Furbush, Jack Dorsey and Peter Hinden Betsy Mello represents herself and is seeking a Special Permit in order to conduct Zumba Dance Classes. She leases this space from the owner and was not aware she needed a different kind of permit. She has classes once a day for an hour Monday — Saturday and a one hour session on Monday and Tuesday evening. She informs the Board there are about 5 — 10 people present during these classes. She went to the Design/Plan Review is and they had several concerns that should be the responsibility of the owner. The Building Commissioner indicates that there were no building/plumbing permits pulled for