03/27/2002 ZONING BOARD OF APPEALS Minutes

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o"I Mashpee Zoning Minutes—March 27, 2002 5 Board of Appeals Mr. Brem questioned the amount of the assessed and taxed value of the subject property and the abutting contiguously owned and developed lot. Mr. Borgeson said that the Assessor's records indicate that the lots have been taxed as separate and buildable. Mr. Brem said that the Petitioner has the right to develop the subject property because it has been taxed as separate and buildable. Mr. Borgeson said that the request presents a difficulty for the Board. !, Attorney Minassian reminded the Board again that it granted Variance relief to a j Petitioner with a similar problem as his client. Mr. Borgeson said that other Petitioners j complained that the Zoning By-laws were changed, that they were not notified and that their lots lost their protection and had to be combined. He expressed empathy for homeowners, but said that Massachusetts General Law and Chapter 40A provide guidelines for the Board. Ms. Elizenberry said that previous grant of Variance relief by the Board is not a guarantee for future Petitioners. Mr. and Mrs. Connors of 9 Sunset Circle attended the meeting and said that they would I � �I attend the continued hearing. No other comments were received from abutters. j j j 11 After some discussion, the Board decided to continue the Petition. Attorney Minassian Uri questioned if he could provide research or documentation that would assist the Board j with its decision. Ms. Elizenberry asked for clarification of ownership. Building Commissioner Wheeler suggested that the Board request copies of all of the deeds of both subject properties. Mr. Borgeson moved to continue the Petition until May 22, 2002. I' to allow the Petitioner an opportunity to submit deeds and to allow the Building Commissioner an opportunity to request Town counsel opinion on the Petition. Mr. Brem seconded. All agreed. Town of Mashpee Harbormaster—Requests a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float on Ockway Bay on property located in an R-3 zoning district at 664 Great Neck Road South (Map 104 IIS Parcel 79) Mashpee, MA. Owner of record: Town of Mashpee. Town of Mashpee Harbormaster—Requests a Variance from Section 174-2519 of the Zoning By-laws to exceed the permitted 70-foot total length limit to allow for construction of a pier, ramp and float on Ockway Bay on property located in an R-3 zoning district at 664 Great Neck Road South (Map 104 Parcel 79) Mashpee, MA. ��!! Owner of record: Town of Mashpee. Sitting: Frederick R. Borgeson, Richard T. Guerrera and Marshall A. Brem. Mr. David Sanicki of Cape & Islands Engineering represented the Petitions and stated that plans call for installation of floats to the existing ramp for ease of loading and unloading for boaters. The proposal would also allow for dinghies to be tied to one side of the ramp. Mr. Sanicki said that the area is shallow and Variance relief is needed in order to reach depth to prevent boats from bottoming out. The Conservation Commission and Shellfish Constable have approved the proposal. II , it I