10/27/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 6 October 27, 2004 discussed in the application—they simply want electricity brought out to the dock to wash the boat or do some repair work. The Moore's seem placated with this information. There is a state requirement of 5 feet on the height of the mean high water. After some further review of the plans—Richard Guerrera moves to grant the special permit. Zella Elizenberry seconds the motion. All agree. So moved. Reference plans from Cape & Islands Engineering, Plan No. 092104, dated September 21, 2004, Folder No. 1 l IMA. James and Amy Newman: Request a Variance under Section 174-31 of the Zoning By- laws to seek relief from the frontyard and sideyard setback requirements in order to build a 16' x 24' addition with a 10' x 16' deck on property located in an R-5 zoning district at 34 Oneida Avenue (Map 65 Parcel 120D) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Marshall Brem and Richard Guerrera. Mr. Ken Michaels, Builder for the Newmans is present along with Mrs. Amy Newman, petitioner. They are seeking a variance in order to vary the setback requirements to build an addition and increase the side of the deck. Mr. Michaels informs the Board that they have a corner lot which puts an extra burden on them to conform. Conservation has issued an order of conditions. The Board reviews the plans. Robert Nelson makes a motion to grant a 13.83 foot variance to Canochet Avenue, a 9.75 foot variance to Oneida Avenue, an 18.15 foot variance on the westerly side and a 66,642 square foot landspace variance. Zella Elizenberry seconds the motion. All agree So moved. Reference plans from Carmen Shay of East Falmouth, MA, dated October 1, 2004. Inspector's opinion of contiguous lot ownership on property located in an R-5 zoning district at 97 James Circle (Map 64 Parcel 64), Mashpee, MA. John O. Harris: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 97 James Circle(Map 64 Parcel 64) Mashpee, MA. Ethel F. McSweeney: Requests a Hearing for a Notice of Appeal to overturn the Building Inspector's opinion of contiguous lot ownership on property located in an R-5 zoning district at 107 James Circle (Map 64 Parcel 62) Mashpee, MA. Ethel F. McSweeney: Requests a Variance under Section 174-31 of the Zoning By-laws to seek relief from the landspace requirements to deem lot buildable on property located in an R-5 zoning district at 107 James Circle (Map 64 Parcel 62) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Marshall Brem and Richard Guerrera. All of these above matters are regarding continguous lot ownership. The Building Inspector declared these lots unbuildable due to this fact. Mr. Harris and his wife presently reside at 103 James Circle. Mr. Harris owns 97 James Cirlce and it is in his