11/14/2007 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes 2 November 14, 2007 • Lawrence ask for a continuance and make changes in the plans — either reduce the size of the garage or move it closer to the house. Mr. Vernon says how expensive it is to have the plans re -drawn and could he just adjust it himself? Lori Corsi informs him they must be done and certified by an engineer. The matter is continued until November 28, 2007 at which time Mr. Vernon will produce new plans with the changes the Board has recommended. John Petrick: Requests a Special Permit from Section 174-25(1)(9) of the Zoning By- laws in order to construct and maintain in perpetuity a pier, ramp and float in Popponesset Bay on property located in an R-3 zoning district at 106 Captains Row (Map 96 Parcel 15) Mashpee, MA. No one from Cape & Islands is here to represent the applicant. The matter is continued until November 28, 2007. Mark Garrity: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the sideyard setback requirements in order to build a 400 square foot shed on property located in an R-3 zoning district at 5 Sugar Pine Circle (Map 81 Parcel 73) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, .lames Reiffarth, George Bolton and Jonathan • Forbush. Mark Garrity represents himself and is seeking a setback variance in order to build a 400 square foot shed on his side yard. Mr. Garrity presents the plans to the Board that include the plot plan and the schematic drawings. Before the Board comments, Steve Benard, direct abutter to the property, speaks to the Board. He informs them that lie has worked in a positive fashion with Mr. Garrity about the shed. It is a very large structure and at first Mr. Benard did not want the shed so visible to his property. They worked together to come up with some solutions that would protect the Benards privacy and reduce some of the proposed setback that Mr. Garrity is asking for — basically making both parties happy. There will be a fence all around the shed as well as plantings and such to shield the shed from the view privacy the Benards are trying to protect. The Board reviews the plans and although Mr. Nelson comments that they are much appreciative of both parties working together to come up with a solution — he feels the shed is far to large and is actually a structure and that the lot is plenty large enough to put the shed 15 feet from the lot line which would conform to the current zoning requirements. Mr. Garrity expresses his discontentment that he has worked so hard trying to accommodate his neighbors requests and that if they are happy why is this a problem for the Board? Zella Elizenberry and Jonathan Forbush concur with Mr. Nelson that this is an unnecessary request and the proposed "shed" is far more than just a simple shed most people ask for. They ask why the applicant cannot put the stied 15 feet from the lot line — Mr. Garrity mentions that would cause a problem for him when he plays ball with his son. They discuss this for some time and feel these reasons are not sufficient to warrant the need for • a variance. Mr. Nelson states that Mr. Garrity can see this will be denied and suggests he