04/28/1993 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - April 28, 1993 5. Mr. DiGregorio reviewed the plans for a 70' fixed pier and a seasonal ramp and 2 floats for a total length of 95'.. The pier is elevated 5' to allow foot traffic. He explained that the soundings at 70' were only 1'. The owners use a 13' whaler and require a depth of more than 13". Mr. Friel reviewed comments from Conservation recommending longer length to prevent damage from prop wash. Comments were received from 3 neighbors in favor of the application and 1 opposed. Mr. DiGregorio explained that the pilings would be made of an untreated wood which would not pollute the waters. There was discussion that there were shellfish in the area and longer length would offer more protection to the shellfish beds. Mr. DiGregorio said that there would be foot access under the pier and that there would be steps to cross it. Mr. Makunas moved to grant the Variance of 25' to allow a 95' length. Mr. Govoni seconded. All agreed. Mr. Makunas moved to grant the Special Permit. Mr. Govoni seconded. All agreed. Joseph and Barbara Macaluso - Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the minimum lot frontage requirements in an R-3 zoning district on property located at 7 Summersea Road (Map 104, Block 83) Mashpee, MA. (Owner of record: Christopher Burden TR. New Seabury Units Nominee Trust). Members sitting: J. Friel, M. Makunas, E. Govoni Attorney Mark Gildea represented the applicants and reviewed plans of a lot in Summersea with 10' frontage. He explained that the lot was part of a Planning Board subdivision plan approved in 1965. He said it had been thought it was part of the cluster zoning area in the New Seabury special permit but was later determined to be outside of this area.He said the shape of the lot has resulted in a hardship. Carl Kohler, a direct abutter, reviewed the plans and asked where house would be built. Mr. Gildea said they have not yet sited the house. Mr. Kohler said he did not have any objections. Mr. Gildea said the plan is to build a 36' x 24' cape similar to other homes in the area. Mr. Hauck said he would not want to set a precedent on the frontage allowed. There was discussion on whether zoning restrictions should be added. Mr. Gildea said they should have the zoning of the subdivision when it was created. Mr. Govoni moved to grant the Variance based on the uniqueness of this particular lot. Mr. Friel seconded. All agreed.