07/13/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 July 13, 2005 ✓ A 16.7 frontyard setback variance ✓ A 9 foot sideyard variance ✓ A 34,260 square foot landspace variance Reference plans from A.M. Michnewicz, dated April, 2005 and plans from Horsley Witten Group of Sandwich, MA, dated May 20, 2005 as prepared for Barbara Notarius. Thomas and Bonnie Smith: Requests a Special Permit from Section 174-25 (1)(9) of the Zoning By-laws in order to construct a fixed pier, ramp and float on property located in an R-3 zoning district at 226 Monomoscoy Road (Map 114 Parcel 47) Mashpee, MA. Thomas and Bonnie Smith: Requests a Special Permit from Section 174-17 of the Zoning By-laws to alter a pre-existing non -conforming structure on property located in an R-3 zoning district at 226 Monomoscoy Road (Map 114 Parcel 47) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Evano Cunha and Jonathan Furbush. Mr. Ed Pesce of Pesce Engineering represents the applicant at this hearing. They are seeking a special permit for a pier, ramp and float and a special permit to alter a pre- existing non -conforming structure. The Board reviews the plans and asks the applicant if they have obtained approval from the conservation commission. Mr. Pesce informs them that they are still going through the process of obtaining their approval. The Board will not act on this dock matter until Conservation has approved the plans since this pertains directly to conservation. It is decided that this matter will be continued until August 10"i. With regard to the special permit for the addition, there appears to be other problems with the history of this property. An abutter Joe Danielh is represented by Attorney Daniel Borello and strongly objects to any permits being issued to Mr. Smith. In 1996 there was a matter of a 6 foot fence that was erected in violation. He was told to take it down or make it lower and he ignored the ruling. He is also in litigation for being in contempt of court at a hearing that was issued March 17, 2004 by Justice Moses. The Board feels there are a lot of unsolved issues here and will need to see more documentation before moving forward. The applicant Tom Smith disagrees with what Attorney Borello says and this leaves a he said/she said matter for the board. This matter is continued until August 10'h as well. The Board agrees to both continuances So moved. Christopher and Donna Reed: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to install a 16' x 34' in - ground pool on property located in an R-5 zoning district at 36 Cambridge Drive (Map 16 Parcel 71) Mashpee, MA. Sitting: Robert Nelson steps down from this hearing. Zella Elizenberry, Marshall Brem, James Reiffarth, Eric Dublirer and Jonathan Furbush. Is Donna Reed represents herself at this hearing. She is seeking a variance in order to install a built in swimming pool. She is burdened with maintaining two frontages and is