07/09/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 4 July 9, 2008 dwelling and a variance for relief from the wetlands. Though the proposed dwelling is improving the non -conformity from 19 to 25 feet, the requirement is still 50 feet. Applicant has hired Mike Talbot, a certified arborist who is currently working on saving as many trees as he can and Conservation is happy that they have improved the distance by 6 feet. The Board of Health comments are read into the record. The Board would feel more comfortable waiting Conservation to determine their decision tomorrow evening and would ask that Mr. Slavinsky accept a continuance to August 13, 2008. He accepts the continuance and the matter is continued until August 13, 2008. Kathleen and Michael Bowler: Requests a Special Permit from Section 174- 25I(9) of the Zoning By-laws in order to build a pier, ramp and float on property located in an R-5 zoning district at 37 Birch Way (Map 27 Parcel 85) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. Amy Lipkind of Coastal Engineering represents the applicants at this hearing. They are seeking a Special Permit for a pier, ramp and float. They have received their Order of Condition from Conservation and are all set with them. James Reiffarth asks what the AM distance is between the pilings. Ms. Lipkind answers that they are 6 feet and is adjustable since this is a seasonal float. Mr. Nelson sees no problems with this request and will entertain a motion. Jonathan Furbush makes a motion to grant a Special Permit. James Reiffarth seconds the motion. All agree. So moved. Reference plans from Coastal Engineering Company, Inc. of Orleans, MA, dated March 20, 2008, file no. Cl7051.dwg. Donna -Lee McMullen: Requests a Special Permit from Section 174-45.4 of the Zoning By-laws in order to legalize and existing accessory apartment on property located in an R-5 zoning district at 37 Cayuga Avenue (Map 65 Parcel 116) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, Jack Dorsey, Peter Hinden and James Reiffarth Donna Lee McMullen represents herself at this hearing. She is seeking to legalize an existing apartment in her home. She has been through Plan/Design Review. Rich Stevens, Building Commissioner suggested a window be installed and she completed that. The Board discusses parking and mentions the detached 2 car garage that needs some work. She mentions that she lives in the smaller apartment and rents out the larger one. The Board mentions that generally the smaller apartment is rented out. They will allow things to remain • the way they are. The Board tells her that the garage must be cleaned up and used for parking. They also need to put in a driveway. Applicant is agreeable to