6/25/2003 ZONING BOARD OF APPEALS Minutes

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T" '* Mashpee Zoning Board of Appear Minutes I June 25,2003 TOWN OF MASHPEE Zoning Board of Appeals Minutes - Wednesday, June 2 , 2003 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 25, 2003 at 7:00 P.M. at the Mashpee Town Hall. Board Members: Chairman Edward Gov ni and Clerk R beat Nelson were present along with Associate Members Marshall Brenn, Zella Elizenberry and Richard Guerera were in attendance. Mr. Gvoni brought the meeting to order at 7:00 p.m. Continued Matters Julie King. Requests a Special Permit under Section 174-25A(8) of the Zoning By-laws to legalize and existing In-law apartment on property located In an R-3 zoning district at 1 Leamington Lane (Map 22 Parcel 140) Mashpee, IIA. Attorney Robert Mills has written a Request to Withdraw without Prejudice. The notion is accepted and seconded. So raved. Victor Duque: Requests a Variance nd r Section 174-31 ofthe Zoning -laws to vary the setback requirements to legalize existing deck on' property located in a R-5 zoning district at 317 great Neck road Forth (Map 52 Parcel 2 Mashpee, ILIA. Sitting: Marshall Brenn, Robert Felson and due Mr. Regan's absence, the Rule of Necessity put Edward Govoni on this hearing tonight. This is a continued matter from June l l, 2003. Mr. Duque has asked that the testimony be re-opened because he felt he did not get equal time at the last hearing. Mr. Nelson read a letter into the record from an opposing abutter Mr. John Yancy. There are neighbors that feel this property is zoned for a one family residence and they feel Mr. Duque is going to reale it into a 2--farnlly with his request. The Board feels that an owner-occupied house is necessary to have an accessory structure (in-law) request granted. Much debate continues on this accessory structure issue. Ills. Elizenberry informs the audience that presently the Town is working on a new by-law that would more specifically address the issues the Board of Appeals is facing. Mr. John Casey again, states his opposition, in principle, to this hearing. He submits a letter regarding this matter to the Board for the correspondence file. Mr. Gov ni informs him, again, that the Board does not create the lave, they merely follow the by-laws of the town. If he is unhappy with them, he needs to go to the Town Meetings and try to get therm changed. The Board discusses the variance request for Mr. Iuques's deck. They move to grant the 19.6-foot variance request. The motion is seconded. So moved. At this point, Mr. Duque requests a motion to withdraw his special pent request. The motion is accepted and seconded. So moved. The Special Permit request is withdrawnwithout prejudice.