01/12/2005 ZONING BOARD OF APPEALS Minutes

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Zoning Board Of Appeals Minutes • 4 January 12, 2005 Mr. David Albreight of Rizzo Associates Engineering addresses the board. His presents the plan to the Board informing them of the recently installed sand filtered septic system. They are proposing 6 units and a drive-thru in the rear. Some of the neighbors are concerned and want to know why the driveways need to be on Quippish Lane. Mr. Nelson reads a letter from Keegan and Shannon Bailey -Gates who reside at 29 Quippish Lane stating those concerns. Mr. Albreight tells them that a right turn only into the property leaves the applicant only one choice but to put the exit driveways in the back on Quippish Lane. A landscaping plan is also presented to the Board, which seems more than adequate. Robert Nelson reads the memorandum from Town Planner Tom Fudala which basically says that there are not drive-thru's allowed in a C-2 zoning district and as the applicant has filed a Special Permit under Section 174-17 to alter a pre-existing non conforming structure, he believes that by totally demolishing the structure gives you no basis for using 174-17 since the "non -conforming structure" will no longer exist. The Board would like to have Town Counsel's opinion on whether or not this section of the by-law (174-17) can be used in this instance, as Attorney Ford seems to believe can be done. Lori Corsi will get this matter to Town Counsel for an opinion. The Board moves to continue this matter until January 26, 2005. All agree. So moved. MeroDe Deluca: Requests a Special Permit from Section 174-17 of the Zoning By-laws in order to alter a pre-existing non -conforming structure to build one addition in the front of property and one addition in the rear of the property on property located in an R-5 • zoning district at 30-32 Bakers Road (Map 20 Parcel 5) Mashpee, MA. Owner: Peter Dobyns Sitting: James Regan, Robert Nelson, Zella Elizenberry, Richard Guerrera and Evano Cunha. Merope Deluca represents herself at this hearing. She is seeking to alter a pre-existing non*conforming structure due to the fact that there are 3 houses on this 4.2 -acre lot. A new septic system will be installed and the addition will be a den and they also propose to turn an existing bedroom into an office. Reference the northern addition on the plan and strike the words "front and rear" in the decision. Robert Nelson moves to grant the special permit. Richard Guerrera seconds the motion. All agree. So moved. Robert and Pricilla Allen: Request a Special Permit from Section 174-25(1)(9) of the Zoning By-laws to construct, maintain and license a pier, ramp and float on Little River with maintenance and perpetuity on property located in an R-5 zoning district at 53 Seconsett Point Road (Map 124 Parcel 16) Mashpee, MA. Robert and Pricilla Allen Requests a Variance from Section 174-25(1)(9) of the Zoning By-laws in order to build a dock that extends beyond the 70 foot limit from the MHW on property located in an R-5 zoning district at 53 Seconsett Point Road (Map 124 Parcel 16) Mashpee, MA. • Sitting: James Regan, Robert Nelson, Zella Elizenberry, Richard Guerrera and Evano Cunha.