11/10/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 November 10, 2004 Rock Landing Road . Mr. Jim Collins 6 Rock Island Road Betsy Henning and John Henning 20 Cross Street Walter Dardano Rock Island Road These parties all feel that due to the fact that the buffer parcel of land(the one with 3,000 square feet) runs through Rock Landing Road and is traveled on by the residents, it should not go towards the total amount of square footage for him to get his lot coverage from. The neighbors are requesting that the proposed total square footage of the house be reduced to 1,200 square feet. They want Mr. MacKinnon to use 6,000 square feet as his total lot size which would accommodate a 1,200 square foot house and not a 1,400 square foot house that parallels with a 9,000 square foot lot size. Mr. Brem feels that this should be referred to Town Counsel for a specific interpretation of the by-law and reference thereof. After some further comments and discussion, the Board feels that an answer from Town Counsel is the best way to go. The Board moves to continue this matter until December 8, 2004 so that Attorney Costello can render an opinion in this matter. All Agree. So moved. Richard and Diane Days: Requests a Special Permit from Section 174-25-A (13) of the Zoning By-laws in order to open a Bed and Breakfast with three guest rooms on property located in an R-3 zoning district at 28 Quaker Run Road (Map 83 Parcels 19 & 20) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Marshall Brem and Richard Guerrera. David Sanicki of Cape & Islands Engineering represents the petitioner at this hearing. They are seeking a Special Permit in order to open a Bed and Breakfast with three guest rooms. The lot is presently vacant and Mr. Days is proposing to build this type of dwelling to help with income purposes. Mr. Brem informs the petitioner that he has over $15,000 in outstanding taxes due to the Town. Mr. Days tells the Board that he has the money but was waiting for the new year so as not to be penalized from an early withdrawal of an investment. Mr. Brem informs him that that is not an excuse and the taxes must be paid before anything can be done with this Board. He also mentions that during a site visit, he felt the lot was a mess with cars and debris left unattended. Abutter Steven Kyros, feels this would be detrimental to the neighborhood. After some discussion, the Board feels this should be denied given the fact that such a large sum of money is owed to the Town. Marshall Brem moves to deny the request without prejudice. Richard Guerrera seconds the motion. All agree. Motion is denied without prejudice. So moved. •