MASHPEE ZONING BOARD OF APPEALS
MARCH 14, 2012
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, March 14, 2012 at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie, and Associate Board Members Judith M. Horton and John M. Dorsey were present. Building Commissioner Richard E. Morgan also attended the meeting. Robert G. Nelson was not in attendance.
Vice Chairman Jonathan D. Furbush opened the meeting at 7:05 and announced that it was being televised.
PLEDGE OF ALLEGIANCE
NEW HEARINGS
John F. and Norma D. Donnellan: Request a Written Finding under Section 174-17 of the Zoning By-laws to allow for construction of an attached, two-car garage to a pre-existing, non-conforming dwelling on property located in an R-5 zoning district at 59 Pond Circle (Map 64 Parcel 75A) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie and Associate Board Member Judith M. Horton.
Mr. Matt Costa of Christopher Costa & Associates represented the Petition. He stated that the 15,900 square-foot parcel was created as part of a subdivision approved by the Planning Board and is similar in size to other parcels in the neighborhood. Changes in the Zoning By-laws create a hardship for the Petitioner to construct the garage and meet the setback requirements. Mr. Costa stated that the project would not create an adverse nuisance to the neighborhood. He said that his company was involved in a comparable project on the neighboring lot at 55 Pond Circle. In 2006, the ZBA granted Variance relief to allow for the project on that property.
The Board reviewed the plans. Mr. Bonvie questioned measuring the setback to inland bank versus edge of vegetated bordering wetlands.
Richard D. Hall and Julie A. Hall, direct abutters at 63 Pond Circle, sent a letter in favor of the proposal.
The Conservation Commission approved the proposal and issued an RDA on February 10, 2012.
The Board of Health has approved the proposal contingent upon the following:
- Lot is restricted to four bedrooms.
- Storage only above garage is allowed.
Mr. Blaisdell made a motion to grant a Written Finding. Findings: The proposal shall not be substantially more detrimental than what currently exists on the parcel; there is adequate parking and setbacks as the Board may require. Mr. Reiffarth seconded the motion. Mr. Dorsey voted yes. Mr. Blaisdell voted yes. Ms. Horton voted yes. Mr. Furbush voted yes. Mr. Reiffarth voted yes. Vote was unanimous. This Decision is conditioned upon compliance with Christopher Costa & Associates, Inc. plan dated 1/10/2012: CERTIFIED PLOT PLAN SHOWING CONSERVATION RESTRICTIONS 59 POND CIRCLE IN MASHPEE, MASSACHUSETTS, Owner of record: John F. and Norma D. Donnellan 59 Pond Circle, Mashpee, MA 02649.
OTHER BUSINESS
Distribute/Discuss: Copies of letter and plan submitted by Hatem Enterprises Nominee Trust in compliance with conditions of ZBA Special Permit SP-2011-39 concerning property located at 723 Falmouth Road (Map 81 Parcel 2) Mashpee, MA.
Mr. Blaisdell read the following letter dated February 22, 2012 from Attorney Michael D. Ford addressed to Building Commissioner Richard D. Morgan into the record:
February 22, 2012
Re: 723 Falmouth Road – Hatem Enterprises
Special Permit #2011-39
Dear Mr. Morgan:
I write as a follow up to the meeting at the Board of Appeals on February 22, 2012 regarding revisions to the plan associated with the above-referenced Special Permit. By this letter I confirm that the items which will be sold for retail at the premises, either out of the cabinet, the location of which has now been shown on the revised plans by VHB, the vending machines and/or the kiosk are the following:
- Cigarettes
- Antifreeze
- Oil
- Windshield Wiper Fluid
- Windshield Wipers
- Candy
- Soda
Further, the applicant has agreed that there will be no storage of products for sale on the site, except the kiosk. Finally, it is the applicant’s understanding that no trailers are allowed on the site for storage.
Please advise if you need anything further.
Very truly yours,
Michael D. Ford
Mr. Morgan stated that the Petitioner has fulfilled the Board’s requirements with submission of the letter and revised plans. The Board agreed.
Distribute: Copies of Petitions and Plans for March 28, 2012 Public Hearings. Not for Discussion. Mr. Furbush recommended that everyone on the Board take time to review the documents prior to the next meeting.
Accept February 22, 2012 Minutes
Mr. Blaisdell made a motion to accept the Minutes. Mr. Reiffarth seconded the motion. Mr. Furbush voted yes. Ms. Horton voted yes. Mr. Dorsey voted yes. Mr. Bonvie voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes.
Mr. Reiffarth made a motion to adjourn the meeting. Mr. Blaisdell seconded the motion. Mr. Furbush voted yes. Ms. Horton voted yes. Mr. Dorsey voted yes. Mr. Bonvie voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes.
Meeting was adjourned at 7:25.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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