11/14/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes — November 14, 2001 Board of Appeals • those three structures on 4.5 acres translates into less than 80,000 square feet per unit. In view of that, use of the subject property as a whole constitutes a non -conforming use and any change to any structure on the subject property would constitute a change of the particular use. Attorney Kirrane said that he didn't necessarily agree with the opinion since the use is still a residential use. • 0 Mr. Regan said that the Board works closely with the Building Commissioner and endeavors to support his decisions in accordance with the By-laws. Attorney Kirrane requested Withdrawal Without Prejudice of the Appeal of the Building Commissioner's Decision. Mr. Nelson moved to accept the request for the Withdrawal Without Prejudice. Ms. Elizenberry seconded. All agreed. Mr. Nelson moved to grant the Special Permit as shown on plan entitled "Millennium Design Group, Inc., Drawing Name: Site Plan, #30 Baker Road, Mashpee, MA, Date: 3/9/01, Project Name: T. Dayos + P. Dobyns, Ex. Two (2) -Sty. Dwelling, 30A". The Special Permit is granted to the dwelling situated 27 feet south of the northerly property line. The Special Permit is subject to the following: 1. findings/criteria 1, 2, 3, 4, 5, 6. 2. before making changes of any kind to any of the structures on the subject property, the Petitioner must apply for and receive permission from the Zoning Board of Appeals and/or other appropriate Town Boards/Commissions. Ms. Elizenberry seconded. All agreed. Mr. Brem strenuously objected to the fact that the Petitioner "got away with whatever it was and he's laughing at the Town". Mr. Brenn said that the Petitioner should be fined for failure to obtain a building permit. Mr. Regan said that the Zoning Board of Appeals does not have that authority and suggested that the Building Department could look into the possibility of fining the Petitioner for violating the By-laws for so many years. Little River Realty Trust — Requests a Special Permit under Section 174-20 of the Zoning By-laws for permission to demolish an existing structure and construct a single-family home on property located in an R-3 zoning district at 25 Riverside Drive (Map 119 Parcel 82) Mashpee, MA. Sitting: James E. Regan III, Robert G. Nelson and Marshall A. Brem. Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and submitted photos of the subject property. Development of the subject property predates adoption of the Zoning By-laws. The proposal calls for demolition of one of the three existing structures on the 38,000 square -foot lot. The Conservation Commission has approved the project. Ms. Elizenberry asked for house plans, which Mr. Slavinsky submitted for review.