07/25/2001 ZONING BOARD OF APPEALS Minutes

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0 Mashpee Zoning Minutes—July 25, 2001 3 Board of Appeals Sitting: James E. Regan III, Richard T. Guerrera, Zella E. Elizenberry, Frederick R. Borgeson and Marshall A. Brem. Mr. John Slavinsky of Cape & Islands Engineering represented the Petitions and stated that the subject lot is not under the New Seabury Special Permit. The neighboring lots are the same small size as the subject lot. Mr. Slavinsky said that the Petitioner is requesting Variance relief due to the strange triangular shape of the lot, its close a proximity to wetlands and the soil conditions. The proposed construction would be less than 10 feet to the property line on three sides of the subject property. The Conservation Commission refuses to allow any construction within the 50-foot wetland buffer and has approved the proposal, which calls for construction closer to the street line. The Board of Health has approved the proposal. i Mr. Brem questioned the nature of the hardship. Mr. Slavinsky repeated that hardship is due to the unusual shape, topography and soil conditions of the subject lot. Messrs. Brem and Regan expressed concern with the proposed construction being so close to the streetline. Mr. Regan asked Mr. Slavinsky to provide more information on the abutting homes and their distance from the streetline and for clarification of the New Seabury Special Permit. Mr. Borgeson said that he would like to conduct an on-site visit. No comments were received from abutters. i 1 Mr. Brem moved to continue the Petitions until August 8, 2001 to allow Mr. Slavinsky an opportunity to provide more information. Ms. Elizenberry seconded. All agreed. James M. Kerrigan. Trustee—Requests a Special Permit under Sections 174-25.D.1, 174-25.G.4, 174-25.G.6, 174-25.G.7, 174-25.G.9 and 174-25.H.6 of the Zoning By-laws for permission to construct a warehouse and office to allow for operation of wholesale -' business, storage and trucking on property located in I-1 and R-3 zoning districts at 131 Industrial Drive (Map 88 Block 99) Mashpee, MA. Owner of record: Paul DeRuyter, Trustee. Sitting: James E. Regan III, Zella E. Elizenberry and Frederick R. Borgeson. :R Attorney Kevin M. Kirrane represented the Petition and stated that Mr. Kerrigan has 1 obtained ownership of the subject property. The proposed use is allowed in this Industrial zoning district upon the grant of a Special Permit from the ZBA. t Attorney Kirrane reminded the Board that on March 28, 2001 it granted a Special Permit �x to Mr. Tavares allowing for operation of a landscaping business on the other half of the subject property. Attorney Kirrane submitted a detailed outline of the proposal and said that the Petitioner proposes to operate his business of excavation contracting and waste disposal system