05/26/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 May 26, 2004 Sitting: Robert Nelson, Zella Elizenberry and James Regan. • Mr. Thomas Wilburn and James Cully represent the petitioners at this hearing. They are seeking a special permit in order to alter the front structure of the 99 Restaurant to handle all of the take-out the restaurant currently has. There is too much congestion in the waiting area when combined with people coming in for their take-out. They are proposing to build a small bump out away from the front of the building to accommodate just the take-out food. Mr. Wilburn informs the Board that the actual construction will be a mirror image of what is on the set of plans and will go on the left side of the building. The Board discusses signage issues with respect to the 20-foot limit. Mr. Wilburn will accommodate the restriction and will deliver new plans showing the agreed on sign. The Board feels this will be a great improvement to the restaurant and for the community. Zella Elizenberry moves to grant the special permit. Robert Nelson seconds the motion. All agree. So moved. The new plans must be delivered before the decision is filed. Lawrence and Josephine Cohen, Trustees: Request a Special Permit from Sections 174-17, 174-20, 174-59 and 174-63 of the Zoning By-laws to demolish the existing dwelling and rebuild a new structure that will have a basement below the base flood elevation on property located in an R-3 zoning district at 8 Bowsprit Point (Map 105 Parcel 222) Mashpee, MA. AND Lawrence and Josephine Cohen, Trustees: Request a Variance under Section 174-59 the Zoning By-laws to rebuild a new structure that will have a basement below the base flood elevation on property located in an R-3 zoning district at 8 Bowsprit Point (Map 105 Parcel 222) Mashpee, MA. Sitting: James Regan, Robert Nelson and Zella Elizenberry. Attorney Kevin Kieran of Dunning and Kirrane represents the petitioners at this hearing. They are seeking a Special Permit and a Variance in order to tear down the existing 3000 square foot dwelling and construct a new 5100 square foot dwelling. The lot is a combination of two lots (# 67 and 68) totaling 41,000 square feet which conforms to present-day size and frontage requirements. The current structure fails to conform to the present day setback requirements, namely front, back and sides. It also has a sub-surface sewage disposal system that has failed inspection. The other main problem with this structure is that it is at or below the eleven-foot elevation zone. The proposed dwelling would consist of 3900 square feet of heated residential space on two floors and 1120 of unheated space, garage and game room. The lot coverage would total 12.6%. Applicant would also propose a new septic system and would meet all currently required setbacks. The variance relief sought is to allow a basement below the I V flood plain elevation. The Board reviews the plans in detail with Mr. Kirrane and discuss the existing swimming pool, utilities and the like. Mr. Kirrane informs the Board that all of the utilities will be above ground unlike the situation at hand. The Board discusses what will be in the unheated area below the flood plain. The Board feels this will be a vast