07/09/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 3 July 2008 Mr. Slavinsky informs the Board there are no further comments from the Harbor Master — he was the one who suggested that the dock be shortened by 10 feet from the last application. They have done that. Additionally, Attorney Kirrane tells the Board the applicant will be surrendering their mooring should the special permit be granted and that will be available for someone to use. Mr. Nelson states "I just don't know if we can grant this dock to this lot when it is so far away" John Slavinky states that once its is made, they cant change it. The question is raised "is this dock on Commonwealth of Mass property?" The Schultez have a dock as well. Mr. Slavinsky mentions a similar example that one of his clients Ray Tai has a dock in Mashpee Neck Marina and it has a similar situation. DEP is only interested in the MH water mark. The letter from Mary Chambers, an abutter that was opposed to the dock last year, the letter is now obsolete. • The Board discusses they would entertain a motion to grant the special permit if Chapter 91A is approved and the Corp of Engineer has approved as well. Mr. Slavinsky tells them that they cannot get the dock without their approval. Jonathan Furbush makes a motion to grant the Special Permit. Robert Nelson seconds the motion. All agree So moved. Reference plans from Cape & Islands Engineering, Plan of Portable Seasonal Dock, dated August 16, 2007, revised September 14, 2007 and revised again June 5, 2008. File No. 197MA. Evan and Susan Danciel: Request a Variance from Section 174-33 of the Zoning By-laws to seek relief from the setback requirments from the distance to the wetlands (50' required) in order to build a new dwelling on property located in an R-5 zoning district at 762 Cotuit Road (Map 3 Parcel 14) Mashpee, MA. Evan and Susan Danciel: Request a Special Permit from Sections 174-17 and 174-20 of the Zoning By-laws in order to raze and replace a pre-existing non- conforming structure on property located in an R-5 zoning district at 762 Cotuit Road (Map 3 Parcel 14) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. • John Slavinsky of Cape & Islands Engineering represents the applicants at this hearing. They are seeking a special permit to raze and replace the existing