05/26/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 May 26, 2004 Marshall Brem discusses one of the cases on the Agenda NANCY MOREY. He feels- this eelsthis has been continued for far too long since it began in December, 2003. This is too burdensome to keep tabs on the time frame simply because the Attorney Martin cannot find an engineer to draw a deck. Mr. Regan would like to wait until Ms. Elizenberry and Mr. Guerrera arrive to further discuss this matter since they were initially involved in sitting on this matter. DONALD AND JULIE BARTON: Request a Variance from Section 174-33 of the Zoning By laws to vary the setback to wetlands in order to build a 12' x 12' porch with a 28' x 12' deck on property located in an R-3 zoning district at 236 Monomoscoy Road (Map 120 Parcel 50) Mashpee, MA. Sitting: James Regan, Marshall Brem and Robert Nelson. David Sanicki of Cape & Islands Engineering represents the petitioner at this hearing. They are seeking relief from the wetlands requirement in order to build a porch with a deck on the property. Conservation has approved the plans. There will be new septic system installed and they have an agreement with the abutting neighbor to be aware of the distance to their well. The Board reviews the plans and determines that they are looking for a five-foot variance to the corner of the porch. The Board feels this is a reasonable request and will enhance the property. Robert Nelson moves to grant a 5-foot variance to the wetlands. Marshall Brem seconds the motion. All agree. So moved. . Michael and Carol Atwill: Request a Variance from Section 174-31 of the Zoning By- laws to vary the setback requirements in order to build a 6' x 10' farmer's porch on property located in an R-5 zoning district at 12 Sachem Road (Map 65 Parcel 68) Mashpee, MA. Sitting: James Regan, Marshall Brem and Robert Nelson. Michael Atwill represents himself at this hearing. He is seeking variances on both streets since he has two fronts on his property. He is attempting to build a farmer's porch (wrap around) with a gazebo type bump out. The lot is very small and irregular and the old zoning needed is 20 feet. The Board discusses the problems with this proposal. They feel this is too large of a structure and would like to see something smaller re-drawn with the distances put into the plot plans. Mr. Atwill is willing to reduce the structure somewhat and will have the engineer re-draw the porch. He asks for a continuance. Mr. Nelson makes a motion to continue this matter until June 9. Zella Elizenberry seconds the motion. All agree. So moved. Double Nine Property, LLC c/o Realty Advisors, LLC: Request a Special Permit under Section 174-17 of the Zoning By-laws in order to alter the existing 99 Restaurant by enlarging the side area to accommodate take-out dining on property located in a C-1 zoning district at 8 Ryan Way (Map 67 Parcel 75) Mashpee, MA.