07/14/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 July 14, 2004 Complex and the parcel where Plymouth Savings Bank exists, the problem arises as to who is responsible to correct this problem. Mr. Brem feels that if the current parking in front of True Value were removed it would present a hardship for the business of True Value. Mr. Regan feels that this would be the time to correct the problem. Attorney Kirrane feels the burden should not lie with Plymouth Savings Bank but with the owner of the complex, which happens to own both parcels. Mr. Kruger would like to know exactly what the Board is looking for from them and defers to Attorney Kirrane for clarity. After much discussion between the Board, Attorney Kirrane and Mr. DiMeco, applicant agrees to provide a detailed parking plan with some clarification from Mr. Rowley as to the layout that was provided. Marshall Brem makes a motion to continue the matter until July 28`n. Richard Guerrera seconds the motion. All agree. Continued until July 28`n Dry Harbor Enterprises: Requests a Special Permit from Sections 174-25 (6) and 174- 25 (9) of the Zoning By-Laws in order to have a boat storage facility indoor and outdoor on property located in an I-1, R-3 and C-1 zoning district at Lot I Wags Road (Map 81 Parcel 6) Mashpee, MA. Owner of Record: Shirley A. Ford Dry Harbor Enterprises: Requests a Variance from Section 174-31 (footnote 12) of the Zoning By-laws to vary the lot size requirements due to a utility easement substantially impacting the gross square footage in order to build a boat storage with accessory maintenance on property located in an I-1, R-3 and C-1 zoning district at 14 Wags Road (Map 81 Parcel 6) Mashpee, MA. . Attorney Kirrane would just like an informational meeting with Board this evening regarding the Design Review Committee and his applicant. They are at an impasse at this point since the Design Review will not accept his client's proposal. The land is worthless without the relief applicant is seeking and of course, Design Review must sign off before the ZBA can accept it. Attorney Kirrane read some zoning by-laws to the Board and interprets them as the Design Review not actually having the authority to deny this matter. He will submit a final request to Design Review asking them for a final decision on the property and then come back to the ZBA. Other Business: On the matter of Kenneth Konikowski: Michael Grotzke of the Phoenix Group would like to formally withdraw the matter without prejudice due to the number of continuance and postponements. The Board makes a motion to withdraw without prejudice the matter of Kenneth Konikowski. The motion is seconded. All agree. So moved. On the matter of Maureen Alves: Applicant has requested to withdraw without prejudice her requests for a Special Permit. The Board makes a motion to withdraw the Special Permit requests by Maureen Alves. Motion is seconded. All agree. So moved. On the matter of Nicholas Tasaris for both 24 Waterline Drive and 139 Tide Run for Special Permit request for a floating pier, Lori Corsi informs the Board of her meeting with Town Counsel. Attorney Costello stated that any floating pier or float is clearly the