MASHPEE ZONING BOARD OF APPEALS
MINUTES
AUGUST 25, 2010
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, August 25, 2010, at the Mashpee Town Hall. Board Members Jonathan Furbush, William A. Blaisdell, and James Reiffarth along with Associate Members Peter R. Hinden and Ronald S. Bonvie were present. Board Members Robert G. Nelson and John M. Dorsey were unable to attend the meeting.
Vice Chairman Jonathan Furbush opened the meeting at 7:00 p.m.
CONTINUED FROM JULY 28, 2010
William Sullivan: Requests Variances from Sections 174-31 and 174-33 of the Zoning By-laws to vary the front setback requirements and the setback to the wetlands to allow for construction of a garage/barn as well as additions to a home on property located in an R-3 zoning district at 180 Daniel’s Island Road (Map 100 Parcel 18) Mashpee, MA. Petitioner requested continuance to allow for Conservation Commission approval.
Mr. Blaisdell read a letter from Cape & Islands Engineering requesting another continuance of the Petition until September 22, 2010. Mr. Hinden made a motion to grant continuance of the Petition until September 22, 2010. Mr. Blaisdell seconded the motion. Mr. Furbush voted in favor. Mr. Blaisdell voted in favor. Mr. Reiffarth voted in favor. Mr. Bonvie voted in favor.
NEW HEARINGS
David and Ana Ferris: Request a Variance from Section 174-25.I.(9) of the Zoning By-laws for permission to exceed the 70-foot dock length to allow for construction, maintenance and licensing of a dock on property located in an R-3 zoning district at 24 Seconsett Point Road (Map 124 Parcel 35) Mashpee, MA.
Mr. James Reiffarth stepped down. Mr. Furbush informed the Petitioner’s Agent, John Slavinsky, that he has the right to request another hearing date. Because only four Board members would be sitting on the Petition, a Decision in favor of the Petition would require a unanimous vote. Mr. Slavinsky chose to have the Petition heard.
Sitting: Board Members Jonathan Furbush and William A. Blaisdell and Associate Board Members Peter R. Hinden and Ronald S. Bonvie.
Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and stated that the proposed dock extends over 80 feet of salt marsh. Because the proposed pier, ramp and float extends across a total of more than 70 feet of salt marsh, it requires approval from the Zoning Board of Appeals. Mr. Slavinsky said that the proposal has received approval from the Harbormaster, the Conservation Commission and the Department of Environmental Protection.
The Board expressed concern with construction of a dock on a vacant lot with no one to monitor its use and discussed conditioning the Decision with the purpose of addressing that issue.
Mr. Slavinsky said that the Petitioner is seeking approval from the ZBA in order to start the permitting process with the state, which will take 12 to 14 months. The proposed dock will require at least 18 permits including approval from the Division of Waterways.
No comments were received from abutters.
Mr. Furbush made a motion to grant a Variance of 38 feet to allow for construction of the dock. This Variance is conditioned upon the following:
- the Petitioner must receive an occupancy permit from the Building Department for the dwelling on the subject property before commencing construction of the dock.
- the Petitioner must receive all of the appropriate permits for the proposed dock before commencing any construction of the dock.
- Cape & Islands Engineering plan entitled: “Proposed Pier, Ramp & Float Prepared for David Ferris Hse. No. 24 Seconsett Pt. Rd. Mashpee, Mass. Plan No. 061810 Date: July 18, 2010 Rev’d. July 29, 2010 Dock Configuration”.
Mr. Hinden seconded the motion. Mr. Blaisdell voted in favor. Mr. Bonvie voted in favor. Mr. Hinden voted in favor. Mr. Furbush voted in favor.
Ronald M. and Kristine M. Carpenter: Request a Special Permit under Section 174.45.4 of the Zoning By-laws for permission to legalize an existing accessory apartment on property located in an R-3 zoning district at 75 Cayuga Avenue (Map 58 Parcel 13) Mashpee, MA.
Sitting: Board Members Jonathan Furbush, William A. Blaisdell and James Reiffarth and Associate Board Members Peter R. Hinden and Ronald S. Bonvie
Mrs. Kristine M. Carpenter represented her Petition and said that she wants to legalize the existing apartment. The Board granted a Special Permit allowing for the accessory apartment to the previous owners, Michael and Amy Crowe. The Special Permit lapsed upon sale to the current owners.
Mr. Blaisdell read a letter in favor of the Petition from Mr. James E. Regan, a direct abutter at 67 Cayuga Avenue.
Fire Inspector Joel Clifford has inspected the accessory apartment, which is in compliance with 527 CMR.
Mrs. Carpenter said that the gross floor area of the apartment does not exceed the allowed 40% of the gross floor area of the structure. She also said that there is sufficient parking on the subject property.
Mr. Blaisdell referred to the By-law concerning occupancy permits. Building Commissioner Richard Stevens said that the Building Department conducts inspections of accessory apartments on an annual basis. Mr. Stevens said that the Building Department will issue a certificate of occupancy permit upon inspection of the apartment.
Mr. Hinden made a motion to grant the Special Permit. Mr. Bonvie seconded the motion. Mr. Blaisdell voted in favor. Mr. Reiffarth voted in favor. Mr. Bonvie voted in favor. Mr. Furbush voted in favor.
DISCUSSION
The 340 – 342 Main Street, LLC: Requests a three-year Extension of Comprehensive Permit
SP-07-28 allowing for construction of Main Street Village Phase II on property located at Map 36 Parcel 50 Mashpee, MA. Petitioner states that severe economic conditions have substantially impacted commencement and completion of the project. Petitioner’s Agent to address Board with details.
Sitting: Board Members Jonathan Furbush, William A. Blaisdell and James Reiffarth and Associate Board Members Peter R. Hinden and Ronald S. Bonvie
The ZBA Decision granting the Comprehensive Permit was filed with the Town Clerk on August 9, 2007 and expired on August 9, 2010.
The ZBA office received a letter dated July 16, 2010 from Attorney Kevin M. Kirrane requesting a three-year Extension of the Comprehensive Permit. At the Public Hearings on July 28, 2010, the Board granted the Petitioner a 60-day Extension of the Comprehensive Permit and requested that the Petitioner appear before the Board to answer questions.
At the Public Hearings on August 25, 2010, Attorney Kevin M. Kirrane and developer John McShane represented the Petition. Attorney Kirrane said that, due to the economy, the Petitioner was unable to obtain financing for the project. In addition, a substantial mortgage exists on the subject property. The Petitioner is seeking an additional three years to move forward with the proposal and connect it to the Main Street Village project. Southside Realty Trust owns the adjacent property at Main Street Village, which is a different project. An easement across Main Street Village affords access to The 340-342 Main Street, LLC property. A limited dividend equity was created in order to develop this project. Attorney Kirrane said that Southside Realty Trust was the applicant and The 340-342 Main Street,
LLC is the owner of the permit.
Mr. Furbush referred to the list of issues that the ZBA wanted the Petitioner to resolve. Mr. McShane said that a final top coat has been completed, except in the area of the commercial aspect of the development.
Mr. Blaisdell read a letter addressed to the ZBA from the Housing Assistance Corporation (HAC) dated August 9, 2010. As the monitoring agent for Main Street Village, HAC certified that the project has been completed and the project meets guidelines as outlined under MassHousing and Chapter 40B. Attorney Kirrane said that the letter concerns the project at Main Street Village, not this project.
Mr. McShane said that the road has been cut in along with installation of some of the utilities.
Mr. Blaisdell moved to grant a three-year Extension of the Comprehensive Permit SP-07-28. Mr. Furbush seconded the motion. Mr. Blaisdell voted in favor. Mr. Hinden voted in favor. Mr. Reiffarth voted in favor. Mr. Bonvie voted in favor. Mr. Furbush voted in favor. The Extension shall expire on August 9, 2013.
INFORMAL DISCUSSION
Willowbend Country Club, Inc.: Requests informal discussion regarding commencement of construction pertaining to the following Variances: V-09-07/19 Simons Road;
V-09-08/25 Simons Road; V-09-09/31 Simons Road; V-09-10/4 Fin Me Oot, Mashpee, MA.
The Petitioner withdrew request for the informal discussion due to new state legislation recently passed which affects permits and expiration dates.
OTHER BUSINESS
Accept August 11, 2010 Minutes
Mr. Hinden made a motion to accept the Minutes of August 11, 2010. Mr. Blaisdell seconded the motion. All were in favor.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Hinden seconded the motion. All were in favor. Meeting was adjourned at 7:45.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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