05/26/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 May 26, 2004 improvement to the neighborhood and feels the relief sought is reasonable. The Conservation Commission has approved this dwelling as has the Board of Health with no living in the unheated area, only storage. Zella Elizenberry moves to grant the Special Permit for the demolition of the structure and rebuilding of the proposed house and the Variance relief sought which allows the building of a structure below the I F foot flood plain. Robert Nelson seconds the motion. All agree. So moved. Nicholas Tagaris; c/o Datel, Inc.: Requests a Special Permit from Section 174-25 (I)((9) of the Zoning By-laws in order to build a floating pier in Little Neck Bay on property located in an R-3 zoning district at 139 Tide Run (Map 120 Parcel 179) Mashpee, MA. AND Nicholas Tagaris, c/o Datel, Inc.: Requests a Special Permit from Section 174-25 (I)((9) of the Zoning By-laws in order to build a floating pier in Little Neck Bay on property located in an R-3 zoning district at 24 Waterline Drive (Map 120 Parcel 178) Mashpee, MA. Applicant: Alan Radlo Sitting: Marshall Brem, James Regan and Robert Nelson. Michael Grotzke of the Phoenix Group represents the petitioners along with Attorney Kevin Kirrane. They are seeking special permits for floating piers in Little Neck Bay and the issues has arisen as to who has the permitting authority with respect to section l OA floats and does this need ZBA approval at all? In general the Harbor Master has jurisdiction over I OA floats, however, applicant wanted to be sure and filed for relief here first. The proposed length is 58 feet from and is a removable structure. Mr. Grotzke feels that since it is not a fixed pier, ramp or float only the Harbor Master should have jurisdiction—the ZBA feels they need an opinion from Town Counsel. Mr. Regan would like Harbor Master Perry Ellis to come to the next hearing to explain his interpretation of this by-law. The by-law infers that only the Harbormaster has authority of floats—the matter was continued until June 9, 2004. Lori Corsi will contact Perry Ellis and Russ Wheeler will contact Town Counsel. Mr. Regan asks this be copied to Joyce Mason and the Board of Selectmen. All agree. So moved. Nancy Morey: Requests a Variance from Section 174-31 of the Zoning By-laws in order to maintain the existence of a pre-existing deck that violates the setback requirements on the sideyard and rearyard on property located in an R-3 zoning district at 10 Seneca Avenue (Map 65 Parcel I I9J) Mashpee, MA. Sitting: Zella Elizenberry, Richard Guerrera and Robert Nelson. Marshall Brem feels this matter has going on far too long. He has visited the site and the deck is illegal and was never inspected. Attorney Craig Martin has represented this petitioner since December 2003 and has continued this more than 5 times due to the fact that he could not retain and engineer for a certified plot plan. The Board feels this has i