02/25/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 February 25, 2004 Robert L. Batemen, III: Requests a Variance from Section 174-31 of the Zoning By- Laws in order to deem the lot buildable due to a contiguous lot ownership issue on property located in an R-3 zoning district at 55 Pequot Avenue (Map 72 Parcel 68B) Mashpee, MA Sitting: Robert Nelson, Zella Elizenberry and Marshall Brem Attorney Kevin Kirrane represents the petitioner at this hearing. He is seeking variance relief in order to deem these lots buildable due to 25 feet of common area of boundary lines that made them into common ownership. Mr. Bateman has built several homes in the area and spent over $80,000 on roadway improvements. An abutter Donna Schneider of 17 Capowake Way expresses her concerns over a vernal pool that she says exists on 55 Pequot Avenue. There are 2 letters read into the record in support of this hearing. The Board discusses this with Mr. Kirrane and feels the oneous will be on the petitioner to prepare these lots properly to accommodate homes on them. Mr. Brem moves to grant a 27,500 square foot variance for 3 Mohican Avenue and Mr. Nelson seconds the motion. Mr. Brem moves to grant a 22,000 square foot variance for 55 Pequot Avenue and Mr. Nelson seconds the motion. All agree. So moved. Annette and Milton Cohen: Request a Special Permit under Section 174-25 (I)(9) of the Zoning By-Laws in order to construct a pier, ramp and float in Popponesset Creek on property located in an R-3 zoning district at 214 Waterway (Map 111 Parcel 104) Mashpee, MA. sSitting: Robert Nelson, Zella Elizenberry and Marshall Brem. Norman Bates of the BSC Group represents petitioner at this hearing. They are seeking a special permit to construct and maintain a pier, ramp and float. All paper work is in order and the Board feels this is a reasonable request. Marshall Brem moves to grant the special permit. Zella Elizenberry seconds the motion. All agree. So moved. Southside Realty Trust: Requests a Comprehensive Special Permit under Massachusetts General Laws Chapter 40B for 24 proposed attached and detached single family dwellings located in a C-2 and R-5 zoning district at 334 Main Street(Route 130) (Map 36 Parcel 47) Mashpee, MA. Owner: SM Realty Trust , John and Gaile McShane Trustees. Present for this hearing is Town Counsel Jason Talerman of Kopelman & Paige. Attorney Kevin Kirrane represents petitioner. Also present are Matthew Teague, Project Manager, John McShane, McShane Construction, Charles Rowley, Consulting Engineer for the Town, and Richard Claytor of Horsley and Witten, Petitioner's Engineer. This matter was before the Board on January 14, 2004. Petitioner has produced another set of plans for the Board to review as well as other Town Officials for their comments. The original site approval letter was for 16 units. Petitioner originally filed with this Board requesting 24, then reduced it to 17. They are now moving forward with a request for 16