11/10/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 November 10, 2004 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. Sitting: James Regan, Marshall Brem, Robert Nelson, Zella Elizenberry, and Richard Guerrera. Attorney Kevin Kirrane represents the petitioner at this continued hearing. There exits an easement from the N Star Utility Company that has caused a number of problems with this property as well as issues from the Fire Department that must still be resolved. However, since those matters deal with the special permit and its use thereon, Mr. Kirrane felt it would be appropriate to ask the Board to consider the Variance that is still before thein for the buildability of the land. They are looking for an 11,059 square foot variance for the landspace requirements of 40,000 square feet. There is an easement of 20,800 and the remaining 28,941 square feet is not adequate. The Board had some discussion regarding the Fire Department's comments that they do not act on this matter, however, that was in reference to the special permit and not the land itself. Marshall Brem moves to grant an 11,059 square foot landspace variance. Zella Elizenberry seconds the motion All agree. So moved. Reference plans from BSS Design of Falmouth, MA, dated January 29, 2004,job number 3210. Chilton Development Co., Inc.: Requests a Special Permit from Sections 174-17 and 174720 of the Zoning By-laws in order to alter a pre-existing non-conforming structure and reconstruct new dwelling on property located in an R-3 zoning district at 166 Waterway (Map 111 Parcel 89) Mashpee, MA. Owner of Record: Daisy Orent This matter was called again after several continuances, however, it is still held up in Conservation with some unresolved matters. The board moves to continue it until December 8, 2004. Per A. Eldh: Requests a Special Permit from Section 174-25 L9 of the Zoning By-laws in order to reconstruct an existing dock, ramp and float with maintenance and perpetuity on property located in an R-3 zoning district at 172 Daniel's Island Road(Map 100 Parcel 16) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Marshall Brem, and Richard Guerrera. John Slavinsky of Cape & Islands Engineering represent the petitioner at this hearing. There is an existing dock and float and is weak and old and needs to be replaced. They will rebuild it with 10 inch pilings and timbers and it is 70 feet in length from the MHW. The Board feels this is a reasonable request and Marshall Brem moves to grant the special permit. Zella Elizenberry seconds the motion. All agree. So moved. Michael Trethewey: Requests a Special Permit from Section 174-45.4 of the Zoning By-laws to demolish existing house and rebuild a new house with an accessory apartment