1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

Home Browse Search

BOARD OF APPEALS Minutes - February 28, 1990 • Bernard T. Christian - (Owner of record: Diane DePaul) - Requests a Special Permit under Section 174-25.E.1 of the Zoning By-laws for permission to operate a retail store for soft drinks and related items and a redemption center in a C-2 zoning district on property located at 16 Echo Road (Map 20, Block 26) Mashpee, MA. 4. Members sitting: C. Hawver, M. Makunas, W. Hanrahan Mr. DePaul, owner of the building, informed the Board that his Special Permit for the building allowed for the use as a redemption center. He explained that this was the first of the three tenants allowed and presented plans of the interior. He stated that he had received Board of Health approval. There were no comments from abutters. Mr. Makunas moved to grant the Special Permit. Mr. Hanrahan seconded. All agreed. Fred and Suzanne M. Luconi - Request a Special Permit under Section 174-25.1.9 of the Zoning By-laws for an existing unlicensed pier, ramp and float in an R-3 zoning district on property located at 30 Sand Dollar Lane (Map 105, Block 84) Mashpee, MA. Members sitting: C. Hawver, M. Makunas, W. Hanrahan Engineer Jeff Ryther represented the applicant. He presented plans for an extension to an existing unlicensed pier, ramp and float. He • said that the pier was on the property for 15 or more years but he was unable to find any records of permits for it. Mr. Makunas explained that the Board cannot legalize an illegal non -conforming structure. He said that if the pier had not been challenged for 10 years the owner cannot be forced to tear it down. Mr. Luconi asked if it could be maintained and Mr. Makunas replied that it could be repaired. Paul Somerville, Shellfish Constable, informed the Board that he would prefer to see the extension of the pier to protect the shellfish beds. He stated that he thought Mr. Luconi would have problems later on with the original section of the pier since Chapter 91 will require access under it. He said pier could be extended to 70'. Ms. Hawver read a memo from Bob Sherman, Conservation Agent, which stated that the plan was unacceptable and could not meet performance standards under the Wetlands Protection Act. There was discussion on whether the Board would approve a new design meeting all of the height requirements of the pier. Mr. Makunas suggested that the Board vote on what can be voted on . Mrn Moved to allow the extension of the dock and the new construction. The new construction has to conform to the current requirements. • Applicant was requested to provide an affidavit that the dock is an illegal non -conforming dock. Mr. Hanrahan seconded. All agreed.