07/27/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 2 July 27, 2005 Furbush seconds the motion. All agree. So moved. Reference plans from Norman Grossman of Falmouth, MA, dated June 7, 2005, revised June 13, 2005 and revised July 14, 2005. Dry Harbor Enterprises: Requests a Special Permit from Sections 174-25 (6) and 174- 25 (9) of the Zoning By -Laws in order to have a boat storage facility indoor and outdoor on property located in an I-1, R-3 and C-1 zoning district at Lot I Wags Road (Map 81 Parcel 6) Mashpee, MA. Owner of Record: Shirley A. Ford This matter is called however Attorney Kevin Kirrane is not present — the Board will re- call the hearing shortly. Pamela Coleman: Requests a Special Permit from Section 174-25 (I)((9) of the Zoning By-laws for maintenance of existing pier, ramp and float on property located in an R-5 zoning district at 190 Captain's Row (Map 96 Parcel 33) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, James Reiffarth and Eric Dublirer. Mr. Stan Humphries of Ocean & Coastal Consultants represents the applicant. This • matter is an "after the fact" request for a special permit to basically repair and expand a pier, ramp and float. They have their Chapter 91 license but it has come to their attention that they never obtained a special permit from the zoning board. Marshall Brem asks why this is being done now and mentions that it is only when people go to sell their property that this becomes an issue which makes it unfair for others who follow the letter of the law. Mr. Humphries is aware of this and informs the Board that he was unaware that this was going to be sold when he took on the project. He also mentions that the Conservation Commission decision is still pending and was continued until tomorrow night. The Board, as a rule, does not usually render a decision on a dock until Con Com has approved it. They feel this matter should be continued until they receive approval of the Conservation Commission. The matter is continued until August 24, 2005. So moved. Nancv Mihos: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements to have an 8' x 12' shed three feet off the property line on property located in an'R-5 zoning district at 3 Pondview Road (Map 117 Parcel 63) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Jonathan Furbush and James Reiffarth. Nancy Mihos represents herself at this hearing. She is seeking a variance in order to put an 8' x 12' shed three off of her property line. The R-5 zoning district requires that a • structure be 25 feet off the lot line. However, having a shed sitting in the middle of your yard is not the point of a shed and is not appealing. The Building Department feels that