09/08/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 September 8, 2004 Gary Bourne represents himself at this hearing. He was originally before the board to install a new sign in front of his service station. The residential area was incorrectly • advertised as it is an R-3 and not a C-1. Mr. Nelson mentions that he was not present when the Design Review looked at his application and there are some other problems with this matter. Currently, the residential area only allows a sign of no more than 4 square feet. However, Mr. Nelson has discussed this with Mr. Fudala, Town Planner and they would perhaps allow up to 6 square feet. The other problem is that part of the post that is attached to his present sign may not be entirely on his property. Mr. Bourne believes this may be true as it was not formally staked out. The Board feels that he should withdraw this application and start over with the consent of the Design Review. There is also some discussion that the freestanding sign must be 5 feet from the property line. Richard Guerrera makes a motion to withdraw this matter without prejudice. Marshall Brem seconds the motion. All agree. So withdrawn. William Kramer: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the setback requirements in order to build a 16' x 18' addition on property located in an R-5 zoning district at 41 Pond Circle (Map 64 Parcel 71) Mashpee, MA. Sitting: Robert Nelson, Marshall Brem, Richard Guerrera, Zella Elizenberry and James Regan. Present: Frederick Borgeson. Michael Bosse, builder for Mr. Kramer represents his client at this hearing. They are seeking a variance in order to build a dining room addition and a deck expansion to their home. The Board reviews the plans with petitioner. Mr. Nelson checks the measurements of the various sidelines and would like the engineer to add the distances of the proposed addition as well as the lot coverage on the plans. The Board feels this is a reasonable request and Mr. Nelson moves to grant the following variances: ✓ 1.9 feet on the sideyard setback requirements ✓ 8.4 feet on the north front corner ✓ 8.4 feet on Pond Circle ✓ 13.7 feet for the porch on the sideline Zella Elizenberry seconds the motion. All agree. So moved. Mr. Bosse agrees to deliver a revised certified plot plan for filing. Reference plans from Bennett Engineering of Sagamore Beach, MA, Job No. 0539, dated July 9, 2004 as amended on September 9, 2004. The Board next discusses the fact that Southport will be coming back to the Board for Conceptual Approval of the next phase of development on September 22, 2004. Lori Corsi has provided plans for the board to review so they have them in plenty of time for the next hearing. Mr. Regan questions the plans as to whether or not Conservation needs to be involved due to the 100 foot buffer zone. It is discussed that Southport has moved many of the units back and they have saved many trees by doing this. The Board will review plans for the next meeting.