04/26/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning g Minutes—April 26, 2000 4 Board of Appeals Mr. Regan moved to continue the hearing until May 10, 2000 to allow the applicant an opportunity to submit certified, engineered plans. Ms. Elizenberry seconded. All agreed. Stephen M. & Sarah A. Daley—Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side and front setback requirements to allow for construction of a deck to an existing dwelling on property located in an R-3 zoning district at 219 Waterway(Map 111 Block 74) Mashpee, MA. Sitting: James E. Regan IH, Robert G. Nelson and Richard T. Guerrera. Mr. Daley represented his application and stated that he bought the home three years ago and that the Board had granted a Variance on the property for construction of a deck. The proposal calls for the existing deck to be rebuilt and expanded. The lot is surrounded by streets on three sides and requires Variance relief of approximately 10 feet in order to enhance the size of the existing deck. Mr. Guerrera questioned why the plans do not reflect any dimensions or a drawing of the proposal. Mr. Daley said that he did not have a drawing of the actual project and referred to a hand-sketched document. Mr. Daley tried to explain to the Board members the exact figures that they would need in order to grant a Variance. Ms. Elizenberry repeated that the Board cannot grant a Variance without a detailed plan. Mr. Daley insisted that all he is asking for is a 10-foot Variance. Mr. Borgeson said that ',4W if the Board granted a Variance of 10 feet and Mr. Daley's plans changed, the Variance would be void. Mr. Hauck confirmed that the Board has a right to demand certified, engineered plans on any project. Mr. Daley said that because streets surround his lot on three sides, "if I build anything and drive a rail, I have to come to you people and ask". ►.�d"`" He said that he didn't think that a request for a 10-foot Variance is too much. ., The Board members said that a 10-foot Variance is not an unreasonable request. Mr. Regan recommended that a certified plan with reference points would be for Mr. Daley's r' { protection. Mr. Regan said that the decision is a recordable document and should be accompanied by accurate engineering plans. Mr. Daley argued that he wants to avoid any further delay. Board Secretary accommodated Mr. Daley by putting his Petition on the agenda long after the deadline date for filing for this meeting. Mr. Nelson questioned Mr. Daley if it would be advisable to postpone construction of theN'�'':i' deck until after the tourist season. Mr. Daley said that it would be "advisable but not financially advisable" since he has the funds available for the project now. Mr. Borgeson reiterated that the Board must receive engineered plans in order to render a decision. Mr. Nelson moved to continue the hearing until May 10, 2000 to allow the applicant an opportunity to submit engineered plans. Mr. Guerrera seconded. All agreed. y Brickyard Marketplace Nominee Trust—Requests a Special Permit under Sections r: •Y6 ' ot,", t Ir