09/22/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes 7 September 22, 2004 Dolores Baker Trust, Sunset Circle Nominee Trust: Request a Special Permit under Section 174-24 L9 of the Zoning By-laws in order to license and maintain an existing pier, ramp and float on property located in an R-5 zoning district at 2 Sunset Circle (Map 64 Parcel 1) Mashpee, MA. James Regan stepped down from this hearing due to a conflict of interest. Sitting: Robert Nelson, Marshall Brem, Zella Elizenberry, Richard Guerrera and Frederick Borgeson. Joseph Harvey, Engineer represented applicant at this hearing. When applicant purchased this house, the dock was done without conservation approval and no notice of intent was filed. They would like to correct this matter, thus the reason for the special permit. The engineers feel there would be more damage to the surrounding water area if they removed the pier, ramp and float than to repair it and get the proper permits in order. The Board visited this property and feels this would be an asset to the area. Marshall Brem moves to grant the special permit. Frederick Bergeson seconds the motion. All agree. So moved. NEW PUBLIC HEARINGS • .Joseph Dellagalla: Requests an Appeal to overturn the Building Inspector's Decision on contiguous lot ownership on property located in an R-5 zoning district at 54 Horseshoe Bend Way (Map 48 Parcel 24) Mashpee, MA. Joseph Dellagalla: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from landspace requirements and setback requirements in order to deem lot buildable on property located in an R-5 zoning district at 54 Horseshoe Bend Way (Map 48 Parcel 24) Mashpee, MA. Joseph Dellagalla represents himself at this hearing. He is seeking to overturn the previous building inspectors decision for a buildable lot. Mr. Wheeler's letter indicated that there was contiguous ownership on two lots abutting each other and therefore, the second lot was not properly zoned. He however,did indicate that since the lots in the surrounding area were of the same size, it could be deemed buildable for one bedroom. Mr. Dellagalla purchased this lot attached to his primary residence for a retirement investment and this would ruin him financially if he could not sell it. He has all of his tax bills and it has been assessed as a buildable lot for 30 years. Roy Woodard, an abutter supports the applicant and believes that he should not have had to go through what he did to have what he believed all these years to be a buildable lot, become buildable again. Also, Kim Herrrera, 247 South Sandwich Road, supports Mr. Dellagalla and feels the elderly get taken advantage of and wants to offer her support to have what is rightfully his given back to him. The Board refers to Mr. Wheeler's letter whereby he states the lot