01/12/2005 ZONING BOARD OF APPEALS Minutes

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Zoning Board Of Appeals Minutes . 3 n, Zella la 12, 2005 enbe Sitting: James Regan, Robert Nelson, Zella Elizenberry, Richard Guerrera and Jonathan Furbush. Ms. Hernandez represented herself at this hearing. She is seeking to legalize an existing accessory apartment for her handicapped daughter and distributes pictures of the house to the Board. She was unaware of the fact that she needed a permit to have this apartment. The Board feels the application is a reasonable request. Zella Elizenberry moves to grant the Special Permit. Richard Guerrera seconds the motion. All agree. So moved. Edward Kodinskv: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build a 20' x 20' addition on property located in an R-3 zoning district at 85 Timberlane Drive (Map 22 Parcel 24) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Richard Guerrera and Evano Cunha. This matter was continued from December 8, 2004 so that petitioner could re -draw the plans to show the addition to be made larger. He is now building a 24' x 24' addition that will be a music room and needs a sideline variance to do so. The Board reviews the plans and notes that the shape of the lot is makes is difficult to conform to the 15 -foot setback • requirement. Richard Guerrera moves to grant a 6.5 -Foot variance from the side yard setback and a 10.6 -foot variance from Timberlane Drive. Zella Elizenberry seconds the motion. All agree. So moved. Reference plans from Bennett Engineering of Sagamore Beach, MA, job no. 0547 dated October 6, 2004 and revised January 6, 2005. Couto Manaeement Groun, LLC: Requests a Special Permit from Sections 174-17, 174-24 and 174-25(e)(1) and (2) of the Zoning By-laws in order to alter a pre-existing non -conforming structure, to raze and replace with proposed building to allow for commercial use of property under 10,000 square feet of combined floor space on less than 10 acres in the C-2 district; and use for retail and restaurant to construct a single story building consisting of a Dunkin Donuts restaurant with a drive through window and five additional retail units on property located in a C-2 zoning district at 6 Falmouth Road/Rte 28 (Map 55 Parcel 7) Mashpee, MA. Owner: Marion Aueusta Sitting: James Regan, Robert Nelson, Zella Elizenberry, Richard Guerrera and Evano Cunha. Attorney Michael Ford represents petitioner in this matter. They are seeking a special permit to raze the current motel on said property and build a retail structure. It is currently a seasonal motel and petitioner would like necessary permits in hand before he buys the property. Attorney Ford submits to the Board a storm water report and a traffic report. Attorney Ford informs the Board that the Design Review Committee suggested a drive thru window would be a good choice whereby the property is set up in a good way • for the traffic to enter and flow better. He is aware that this property is in a C-2 zoning district, which does not allow drive thru windows, and therefore that is why he is filing for section 174-17 to alter a pre-existing non -conforming structure.