05/12/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 May 12, 2004 Attorney Kevin Kirrane represents Volta Oil at this continued hearing. The requested changes from the Board have been made regarding the signs and Mr. Charles Rowley has commented on the stormwater management plan. Bruce Garrett of Volta Oil informs the Board that the requests Mr. Rowley is making will be conformed to. The Board reviews the revised plans. The Board discusses the plans back and forth with Mr. Garrett and Mr. Kirrane. The plans reflect the pedestrian walkway from the pumps to the store (separate from the handicapped spot.) There will be 10-foot buffers all around the property and the parking spots will be 9 feet with 23 spaces in total. The old Sunoco sign will be removed and replaced with a new sign no more than 40 square feet. The signs will be exterior lit signs. The by-law describes no more than 10% of the front to be used for signs—they are fine. The Board feels petitioner has been very accommodating and discusses making a motion. They would like Mr. Rowley's letter dated May 12, 2004 as reference in the decision. Zella Elizenberry moves to grant a special permit to applicant. Richard Guerrera seconds the motion. All agree. So moved. Richard Kearney: Requests a Variance under Sections 174-31 and 174-33 of the Zoning By-laws to vary the distance to the wetlands requirement and vary the sideyard setback requirements in order to rebuild a new dwelling on property located in an R-3 zoning district at 429 Monomoscoy Road (Map 124 Parcel 54) Mashpee, MA. AND Richard Kearney: Requests a Special Permit from Section 174-20 of the Zoning By- laws to demolish the existing dwelling and rebuild a new dwelling on property located in . an R-3 zoning district at 429 Monomoscoy Road (Map 124 Parcel 54) Mashpee, MA. Sitting: Marshall Brem, Robert Nelson and James Regan. Attorney Kevin Kirrane is now representing the petitioner and this is a continued matter from April 14, 2004 at which time Mr. Michael Grotzke of The Phoenix Group was representing petitioner. There have been problems with different sets of plans being presented to the Board at the last minute, and the Mr. Regan refused to hear the matter at the last hearing until everything was corrected and all parties were reviewing the same set of plans. Mr. Kirrane feels this matter can be accomplished without a variance and only with a special permit. The Board and Mr. Wheeler discuss withdrawing the Variance and then re-filing another special permit to seek relief from Section 174-17 of the by-laws to incorporate "alter a pre-existing structure" where only Section 174-20 has been filed for. The petitioner is seeking to demolish and rebuild another house. The house currently exists at 35 feet and they are requesting to go to 31 feet. The lot coverage will be 14% which is more than adequate. Mr. Grotzke addresses the Board as to some septic issues. The well on the abutting property is questioned as to whether or not it is too close to the septic system. Mr. Grotzke informs the Board that applicant will be changing the leaching field and mentions this would be the maximum feasible compliance. Mr. Grotzke further informs the Board that public water supply was offered to 431 Monomoscoy Road but they declined it. The Board then discusses the large retaining wall depicted on the plans. The wall is 7 feet high and this poses a problem with Mr.