06/23/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes from Public Hearing on June 23, 2004 4 southerly sideyard and a 69,785 square foot landspace variance due to the R-5 zoning requirements that necessitate 80,000 square feet to build. Mr. Nelson has checked with the DPW and Mr. Wheeler; applicant has sufficient frontage since he has it on both Lowell Road and Webquish Lane. Richard Guerrera seconds the motion. All agree. So moved. Robert and Linita Kinnear: Request a Special Permit under Section 174-45.5 of the Zoning By-law in order to construct an accessory dwelling on property located in an R-5 zoning district at 3 Fawn Road (Map 23 Parcel 168) Mashpee, MA. Robert and Linita Kinnear: Request a Variance from Section 174-31 of the Zoning By-laws seeking front yard and sideyard setback relief along with relief from the existing landspace requirements in order to build a new dwelling on property located in an R-5 zoning district at 3 Fawn Road (Map 23 Parcel 168) Mashpee, MA. Sitting: Robert Nelson, James Regan and Marshall Brem. David Sanicki of Cape & Islands Engineering represents the applicants at this hearing. They are seeking a variance in order to build a new structure and a special permit for an accessory apartment. The Board mentions adequate parking to be addressed for 3 vehicles. Applicant has plenty of room for that. Mr. Sanicki also informs the Board that applicant is burdened with 2 frontyard setbacks. The Board sees this as a reasonable request and the Board of Health has allowed this additional bedroom with respect to the septic system. Marshall Brem moves to grant a special permit for the accessory apartment and the following variances: an 8 foot variance on Santuit Pond Road, a 9.2 foot variance on the corner of Santuit Pond Road and Fawn Road, and a 1 foot variance on Fawn Road. Robert Nelson seconds the motion. All agree. So moved. Duck Pond Limited Partnership: Requests a Special Permit from Section 174-51 and 175-54 of the Zoning By-laws in order to install a sign exceeding 40 square feet on property located in a C-1 zoning district at 106 Falmouth Road (Map 54 Parcel 5) Mashpee, MA. Applicant: James Moses for Gold Gym Sitting: James Regan, Richard Guerrera and Robert Nelson. James Moses represents himself at this hearing. He is seeking a special permit in order to have a sign for his business, Gold's Gym that will exceed 40 square feet. The owner of the building will not allow a sign on the front of the building which severely limits his visibility for his business. The lighting will be outside above the sign. The Board feels this is a reasonable business request. The Design Review Committee has approved the sign. Richard Guerrera makes a motion to grant the special permit. Robert Nelson seconds the motion. All agree. So moved. Michael and Rebecca Robbins: Request a Variance from Section 174-31 of the Zoning By-laws seeking relief from sideyard setback requirements and frontyard setback requirements in order to build a new addition on property located in an R-5 zoning • district at 71 Main Street (Map 47 Parcel 23) Mashpee, MA.