01/12/2000 ZONING BOARD OF APPEALS Minutes

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1� Mashpee Zoning Minutes—January 12, 2000 5 . Board of Appeals i;. Ms. Elizenberry asked Mr. Keen if he would be unable to operate his business until the N. Board makes a decision. Mr. Keen said that he cannot book any reservations until this ti'! issue is resolved with the Board. Mr. Borgeson suggested that Mr. Keen could make , � reservations in the interim. Mr. Keen said he would be reluctant to do so in the event that the Board makes a ruling against his operation. fir, • Mr. Govoni questioned if Mr. Keen could use the town dock or the Little River Boatyard F' dock to pick up passengers. Mr. Keen said that those docks are too busy and he would be concerned with the safety of his passengers. He submitted photos of his charter boat business and informed the Board that he would be very upset if they were unable to render a decision tonight. t. Mr. Borgeson and the other members of the Board assured Mr. Keen that they appreciate his position. The Board asked Mr. Keen to be patient and allow them the time necessary to get a resolution of this issue. Mr. Hanks suggested that the Board could zone Mr. Keen's property as a commercial zone. Mr.Nelson and Mr. Govoni said that"spot zoning" is not a viable choice. Mr. Leveille suggested that the Board could ask Town Counsel if the statute of limitations issue applies to this Appeal. Attorney Mills said that he believes the statute of limitations would hold in this case. Mr. Govoni moved to take the Appeal under advisement to January 26, 2000. Mr. Regan j seconded. All agreed. William L. Staples—Requests a Variance from Section 174-33 of the Zoning By-laws to , vary the setback requirements from the water and wetlands to allow for the addition of a deck to an existing home on property located in an R-5 zoning district at 95 Horseshoe Bend Way(Map 40 Block 4)Mashpee, MA. M Mr. Staples requested a continuance of his petition until January 26, 2000 to allow for the advertising of his request for a Special Permit to demolish the existing home and y.. construct a single-family home. Mr. Regan moved to continue the petition until January 26, 2000. Mr. Govoni seconded. All agreed. Bruce A. Pelczarski &Deborah Lapham—Request a Variance from Section 174-31 of lid the Zoning By-laws to vary the sideline setback requirements to allow for additions-of an attached garage and sunroom to an existing home on property located in an R-5 zoning ' district at 24 Tobisset Street(Map 37 Block 123)Mashpee, MA. • 9� r . Sitting: Edward Mr. Govoni, James E. Regan III and Robert G.Nelson. i A y ��I