09/22/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 6 September 22, 2004 Jean Concannon of 3 and 4 Bayview Road: She would like information on the entryway that will be changed to a different street and how that will affect her property. She has concerns about the setbacks and in general wants to see the plans for the new dwelling. Ron Ames of 27 Bayview Road: He has the same concerns and reads a letter into the record with many of the same concerns. The Board seems to have different opinions regarding how this should be ascertained. Zella Elizenberry feels this should be done through the accessary apartment special permit. Marshall Brem and Mr. Guerrera feel the same way. Mr. Regan and Mr. Nelson are considering both sides. Mr. Kirrane also informs the Board that the Town took over a portion of applicants lot creating a much smaller piece of land to work with, thus part of the reason for the non conformity. The Board seems to be at an impasse regarding any motions being made for this. After some further discussion, Marshall Brem makes a motion to grant the special permit that will read "a 3 bedroom dwelling with a one bedroom apartment above the garage. Zella Elizenberry abstains from the vote. Mr. Guerrera seconds the motion. Mr. Nelson votes in favor. Mr. Regan votes in favor. So moved. In Re: Harwich Concrete Block, Christopher Cushman: Cadrin Arden, et al., The Sturgis Landing Trust request a Public Hearing under Section 174-106 of the Zoning By- laws in order to request revocation of Special Permit (SP-97-35) due to violations of existing said permit on property located in a C-1 zoning district at 544 Main Street, Route 130 (Map 20 Parcel 24) Mashpee, MA. Sitting: Robert Nelson, James Regan, Zella Elizenberry, Richard Guerrera, and Marshall Brem. Present: Frederick Borgeson. The Board calls Attorney Boudreau to the front to discuss the site visit of earlier today. The Board feels Harwich Concrete has made substantial effort to clean up its act. They have replaced the smaller plantings with larger ones, paved the entryway to keep the dust down, have begun the fence process and lowered the piles. There is no one present for the abutting neighbors this evening. The Board was pleased with the site visit they took today. Mr. Nelson feels they do not need an 8 foot high fence,just one that will block the inventory. Mr. Nelson also did some research with Mr. Fudala, Town Planner and they discovered that at the time the special permit was granted, there was no buffer zone needed and the 10 foot buffer zone requirement did not go into effect until 2000. Mr. Brem suggests continuing this matter for 30 days to have Harwich Concrete come back to the Board to show them what type of fencing they are going to use so that the Board and approve it. Attorney Boudreau asks for 60 days so his client can attend to his business as well since he is by himself. The Board agrees to a 60-day continuance and will meet again December 8, 2004. All agree. So moved.