02/02/2005 ZONING BOARD OF APPEALS Minutes

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Zoning Board Of Appeals Minutes • 4 February 2, 2005 John and Cathv Power: Requests a Variance from Section 174-25(I)(9) of the Zoning By-laws in order to build a dock that extends beyond the 70 foot limit from the MHW on property located in an R-3 zoning district at 47 and 17 Waterline Drive (Map 120 Parcels 146 and 147) Mashpee, MA. Owners: New Seabury Properties LLC, c/o Little Neck BayAssociates Sitting: James Regan, Zella Elizenberry, Robert Nelson, Evano Cunha and Frederick Borgeson. David Sanicki of Cape & Islands Engineering represents the applicant at this hearing. They are seeking a special permit to build a pier, ramp and float on Great River and a variance to exceed the 70 -foot maximum length that is allowed by the by-laws. Mr. Sanicki informs the Board that this property actually has a water VIEW and not a water FRONT that is why they need such a long pier for a walkway access. Gary Locarno, an abutter fully supports this project. Mr. Sanicki informs the Board that Con Comm. approved this as well as the Harbormaster and Shellfish. The Board finds this requests to be acceptable. Frederick Borgeson moves to grant a 180 -foot variance for the pier, ramp and float. Robert Nelson seconds the motion. All agree. So moved. Frederick Borgeson moves to grant the Special Permit. Robert Nelson seconds the motion. All agrees. So moved. Reference plans from Cape & Islands Engineering, dated October 29, 2004, Plan No. 102904 as prepared for John Power. Peter Briees: Requests a Variance under Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build a 15' x 28' garage on property located in an R-5 zoning district 35 James Circle (Map 71 Parcel 46) Mashpee, MA. Sitting: James Regan, Robert Nelson, Zella Elizenberry, Evano Cunha and Frederick Borgeson. John Slavinsky of Cape & Islands Engineering represents the petitioner at this hearing. They are seeking several variances in order to build a 15' x 28' garage due to the fact that they are unable to meet the current zoning for the R-5 zoning district. When the lot was created in 1968, the setbacks at that time were 10 feet on the sides and they did meet the zoning for that time period. Zella Elizenberry mentions that she drives by that house everyday and believes it to be a two family of some sort, which is not shown on these plans. The Board discusses this with Mr. Slavinsky. He is unaware that this is a two- family dwelling. If this is the case, then there is an illegal apartment existing at this residence. The Board would like to have Mr. Slavinsky look into this and be sure Ms. Elizenberry is thinking of the same house. Mr. Nelson makes a motion to take this matter under advisement until February 23, 2005. Frederick Borgeson seconds the motion. All agree. So moved. Nicholas A. Ruocco Jr. Trust. Four Sons Realtv Trust: Request a Special Permit from Sections 174-17, 174-20 and 174-21 of the Zoning By-laws to demolish existing house