10/25/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 October 25. 2006 • build a new dwelling on her land. Mr. Choate along with 2 other neighbors appealed the project Ms. Kagan and her family were attempting to do and it has been tied up m court for several years now. The ZBA granted the variances to Ms. Kagan and when it was initially appealed, the court upheld the ZBA's decision. It was appealed a second time by the same parties and this time the appeal was denied. Now Ms. Kagan and her family are appealing that decision. This will be tied up for some time to come. Ms. Kagan tells the Board in no uncertain terms that Mr. Choate's application should be denied since he is appealing their request on the same basis. She feels a 4 -car garage is completely out of character for the neighborhood and that could lead to a business being conducted there if' it is not being done already. 'file ZBA; Mr. Slavinsky and Ms. Kagan debated for some time about their feelings and Ms. Kagan's strong opposition to the variance request currently before the board for Mr. Choate's property at 43 Pickerel Cove Circle. After a 30 minute discussion some of the members voiced their opinion on the matter. Some felt Mr. Choate should be given the same opportunity as Ms. Kagan was by granting the variance and letting Ms. Kagan appeal the matter as Mr. Choate did. Another opinion was to deny the variance request from Mr. Choate since he is appealing the matter on the same merits. Mr. Nelson would like to see the variance requests for the 6 inches on the sides disappear since it is so minimal. Mr. Slavinsky feels this would not be a problem and will re -design the plans to maintain the 25 foot setbacks. There is still a need for frontage relief and landspace relief. Since the matter needs to be re -advertised at the very least, it needs to be continued until December 13, 2006. Marshall Brem makes a motion to continue the matter until December 13, 2006. Jonathan I'urbUsh seconds the motion. • All agree. So moved. Theodore and Gloria Musto: Requests a Special Permit from Section 174-25(1)(9) of the Zoning By-laws to construct and maintain in perpetuity a stairway and docke on Fells Pond Road on property located in an R-3 zoning district at 104 Fells Pond Road (Map 122 Parcel 188) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Frederick Bergeson, Marshall Brem, and Jonathan Forbush. John Slavinsky of Cape & IslandsEngineering represents the applicant at this hearing. They are seeking a special permit for a stairway and dock that is currently on the wrong property. The Conservation Commission has ok'd the matter. The dock should be moved to the owner's property. The Board reviews the plans and finds this to be a reasonable request. Marshall Brem moves to grant the Special Permit. Zella Elizenberry seconds the motion. All agree. A roll call vote is taken. Marshall Brem votes yes. Zella Elizenberry votes yes. Robert Nelson votes yes. Frederick Bergeson votes yes. Jonathan FrIrbUSh votes yes. Reference plans from Cape & Islands Engineering, dated September 7, 2006, File No. I09MA 0