04/28/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 April 28, 2004 laws. It is decided that parking spaces 1-8 will not be labeled as "parking spaces" and they may begin with#9 moving 10 feet from the property line to produce the buffer zone. (In essence #9 will be eliminated as well). It is also decided that part of the handicapped spot can be used toward the walkway since it will be right up front. The entrance to the building will be in the front and there would be approximately a 3-foot wide walkway. Spaces 10-23 will be left. The Board would like all of these changes incorporated into a newly drafted set of plans for them to review rather than go back to the Design Review Committee again since they have already signed it. A signage discussion begins. The sign that is currently up must be moved since it is not actually on their property. The Board discusses externally lit signs vs. internally lit signs and would like to see all externally lit signs. Russ Wheeler reminds petitioner and the Board that the signs can be no more than 40 square feet and must come back to the Board if they are more than 20 square feet. Mr. Regan would like the canopy to remain close to what is there now as far as color goes. Mr. Kirrane discusses the Storm Water Management Report that is submitted to the Board. Mr. Brem feels Mr. Rowley, Town Consulting Engineer, should have a look at it before the Board acts on a decision. They discuss the fact that this report just needs to be "adequate" and would not meet specific new by-laws since this project is grandfathered. Lori Corsi will see if Mr. Rowley is available and willing to complete this before the next scheduled hearing. The Board and Mr. Kirrane decide to continue this until May 12, 2004 to allow Mr. Rowey time to review the report and comment to the Board. All agree. So moved. Daniel J. Donahue: Requests a Modification of a Special Permit (SP-95-5) under Section 174-17 of the Zoning By-laws in order to alter existing dwelling to add office space on property located in a C-2 zoning district at 428 Nathan Ellis Highway (Map 72 Parcel 86) Mashpee, MA. D/B/A: D.J. Donahue Corporation Sitting: James Regan, Robert Nelson and Frederick Bergeson. Daniel Donahue represents himself at this hearing. He is seeking to modify an existing special permit (SP-95-05) in order to alter an existing dwelling to add office space in a commercial district. The Board asks who this will be leased to and Mr. Donahue informs him "Tavares Landscaping". The Board is pleased with the appearance of the property and feels this would be an appropriate special permit. Mr. Nelson moves to grant the special permit. Frederick Borgeson seconds the motion. All agree. So moved. David and Virginia Hufnagel: Request an Appeal of the Building Commissioner's Decision on March 9, 2004 from Section 174-21 of the Zoning By-laws regarding how many lots are buildable on property located in an R-5 zoning district at 7 Pimlico Pond Road (Map 3 Parcel 6) Mashpee, MA. Sitting: Mr. Regan informs Lori Corsi to wait and see how this evolves before assigning Board members to sit. Attorney Alexander Watt represents petitioner at this hearing. The Hufnagels received a decision from the Building Inspector, Russ Wheeler with regard to property at 7 Pimlico Pond Road that one building permit would be issued. Petitioner felt two building permits were warranted in this situation. Mr. Wheeler informed petitioner that his options would