04/01/1987 ZONING BOARD OF APPEALS Minutes

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BOARD OF APPEALS MINUTES April 1, 1987 At 7:30 p.m. on Wednesday, April 1, 1987 the Board of Appeals held a meeting at the Mashpee Town Hall. Board members present and acting throughout were: William Hanrahan, Cheryl Hawver and Thomas Sexton. Douglas Boyd, Building Inspector was also in attendance. John Malloy - Requests a Special Permit under sections 6.9 and 11 of the and Use Requirements for permission to construct a walkway, dock, ramp, float and construction of a single family dwelling in flood plain A in a R-3M Zoning District on property located on lot 166 Whippoorwill Circle, (map 125, parcel 151), Mashpee, Massachusetts. Members sitting: W. Hanrahan, C. Hawver and T. Sexton. Mr. Patrick C. Toomey, Mr. David Sanicki and Mr. John Malloy were in attendance representing this application. Mr. John Varkonda and Ms. Louise Berhman from the Mashpee Conservation Commission were in attend- ance, as well as abutters, Jim Garabidean and Brian Dudley who is repre- senting abutter Susan Konikowski. Mr. Toomey presented a memorandum to the Board, this memorandum is attached to the end of these minutes, and stated abutting lots both main- tain docks in Great River and Mr. Malloys dock will extend no further then the docks of the abutting land owners. Mr. Toomey stated the dock will not interfere with the passage of travel by water or cause any dis- ruption of the marine environment. Mr. Toomey stated plans were presented to the Mashpee Harbormaster and the Conservation Commission Officer, who indicated no objections to construction of the dock. Mr. Toomey explained to the Board that they also request a Special Permit to build within flood plain A however, commented "upon review of the plans and the zoning by-law we are requesting a determination by the Board of Appeals that a Special Permit is not required based upon the following; the first floor level will be at 12.5 feet above sea level and stated the base flood elevation in this area is 12 feet and the zon- ing by-law requires the lowest floor level elevated at or above the base flood elevation of the one hundred year flood as setforth on the F.I.M.A. maps". Mr. Toomey stated he would like the Board to make certain deter- minations, with respect to construction on the lot of the proposed dwell- ing, and commented he based this determination upon Section 5.5 of the zoning by-laws. Mr. Toomey stated this lot was layed out in 1970 and stated the zoning requirements at the time the plan was recorded with the registry of deeds, has changed. Mr. Toomey stated section 5.5 of the zoning by-laws provides that a single family residence may be con- structed on a non-conforming lot providing the applicant does not own any abutting property, has 5,000 square feet of area and 50 feet of frontage. Mr. Toomey stated this applicants lot is 24,800 square feet and 100 feet of frontage.