3/23/2011 ZONING BOARD OF APPEALS Executive Session

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7 MASHPEE Z NNG BOAS OF APPEALS EXECUTIVE SESSION MINUTES MARCH 23, 2011 Attorney Costello said that he filed a notice of appearance on behalf of the Board, which. is all that is required. He said that the co-defendant, llarsolais, will likely file an appearance and will assist, if not, assume the responsibility ofdefending the ZBA Decision and the Building Commissioner's Opinion. Attorney Costello said that Ir. Regan has also appealed the Conservation Commission Order ofConditions to the DEP. Attorney Costello said the aggneved party appears to be sing whatever tactic he can to prevent the abutter from building next to his property. Building Commissioner r Richard Stevens was very clear in his interpretation of the i Building Dine. Attorney Costello said that the Building Line is not a requirement of the ZoningBy-laws and is not a setback requirement. He said that the Building Line is not defined as it shows on the plan. The Building Line was incorporated onto a plan during the subdivision approval stage from a design point of view, which would ensure that. abutting properties would follow a symmetrical pattern for aesthetic purposes. Attorney Costello said that a Case Management Conference is arranged to assemble the i interested parties together to see if an agreement can be reached. He said that he will keep the Board informed if an appearance by a Board Member in court is necessary. Attorney Costello said that here is a great degree of deference given by the ZA, as well as the courts, to the Local Enforc ment Officer's Opinion. - e said that he lues the chances that the Board has in this ease and that the case is not a burden on the Town to hold firm to its pition. Attorney Costello estimated that this ease will not be scheduled until sometime in September. The Board thanked Ir. Costello for his time and expert knowledge. Mr. Furbush made a rnotioh to adjourn Executive Session. Mr. Blaisdell seconded the motion. Votes: Mr. Nelson, yes. Mr. Furbush , yes.. Mr. Blaisdell, yes. Mr. Reiffarth, yes. Mr. Dorsey, yes. Mr. Bonvie, yes. Ms. Horton, }des. Meeting was adjourned at 9:00 P.M. Respectfully submitted, . Cy vithizi/13 oSecretary + Zoning Board of Appeals .