02/18/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 February 18, 2004 Islands Engineering, Plan No. 112103, File Squarcia 112103, Folder No. 109MA, dated November 21, 2003. David Nailor: Requests a Special Permit from Section 174-25-H-9 of the Zoning By- laws to allow a two-way radio tower on property located in an I-1 zoning district at 67 Industrial Drive (Map 88 Parcel 25) Mashpee, MA. Sitting: James Regan, Marshall Brem and Robert Nelson. David Nailor represents himself at this hearing. He is seeking a special permit in order to build a radio tower for his business the Comfort Man to have his employees be able to use 2-way radios. He has been through the Cape Cod Commission where they asked for $17,000 for an application. The maximum height is 35 feet from the ZBA's by-laws, however, Russ Wheeler is not present this evening and the Board feels they need his direction in order to better understand this by-law. There is some gray area about whether or not this falls under the jurisdiction of the ZBA so the Board would like to continue this until they have a better understanding the by-law in question. The Board moves to continue this until March 24, 2004 or April 14, 2004 (at the discretion of the applicant). All agree. So moved. Martin Ahearn: Requests a Special Permit from Section 174-25.A.8 of the Zoning By- laws to legalize an existing accessory structure on property located in an R-5 zoning district at 33 Winslow Drive (Map 71 Parcel 13 1) Mashpee, MA. Sitting: James Regan, Robert Nelson and Marshall Brem. No one appeared for Mr. Ahearn. The Board moved to continue this matter until March 10, 2004 due to bad weather conditions. Edward J. Herbert: Requests a Special Permit under Section 174-20 of the Zoning By- laws in order to demolish an existing house on property located in an R-3 zoning district at 147 Shore Drive (Map 117 Parcel 68) Mashpee, MA. AND Edward J. Herbert: Requests a Variance from Section 174-33 of the Zoning By-laws in order to vary the setback requirement from the wetlands on property located in an R-3 zoning district at 147 Shore Drive (Map 117 Parcel 68) Mashpee, MA. Sitting: James Regan, Robert Nelson and Marshall Brent. David Sanicki of Cape & Islands Engineering represents the petitioner in this matter. They are seeking a variance from the distance to the wetlands and a special permit in order to demolish the existing structure. Conservation as approved this wetlands matter. A new septic system will be installed. The Board feels this will be an improvement to the area. Mr. Nelson moves to grant the special permit and a 9-foot variance to the wetlands.