10/22/2003 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 October 22, 2003 ready. They need 48 hours notice and will be available. The ZBA meeting of December 10, 2003 is discussed, however, they will see how things proceed in the next 2. weeks. Mr. Nelson asks Mr. Bonvie how high the retaining wall is; he responds that it is about 15-20 feet. Mr. Nelson reads an article from the Enterprise that quotes the wall as being o feet high and mentions that someone should have contacted them for a retraction. Linda Fletcher Ms. Fletcher reinterates her feelings about the Town working with Mr. Bonvle and states that Southport residents do not wish to take over a liability when all is said and done. Ms. Fletcher along with another resident will accompany the Burd on the walk-thru when they are ready. Gail Barnes; Ms. Barnes wishes to thank the ZBA for their time and effort in making all of this work. She submits several letters that the residents have signed thanking all involved. Deis Shugrue; She would like to know when her unit will receive a building permit. She has waited for over a year and apparently has purchased one of the units that were in violation of the Special Permit. Mr. B nvie and Mr. Dunning indicate that they are working feverishly to get all of this resolved. Robert Crane: Mr. Crane would like to express 1s displeasure that the room lis not big enough to lord all of the Southport residents in the hallway that would like to be listening to the hearing. Joseph Weinstein:Requests a variance under Section 174-31 of the Zoning By-laws in order to vary the setback requirements for an existing 20'x40' in-ground pool on property located in an R-3 zoning district at 41 Taurus Road (Map 94 Parcel 9 Mashpee, MA.. Sitting: Janes Regan, Marshall Brenn and Robert Nelson. Attorney Robert Mills represents the petitioner in this hearing request. Mr. dills presents the history of the initial installation of the built in swim ing.pool that is the focus of this hearing. Mr. Weinstein installed a built in pool whereby he believed he met the setbacks on his property. He has since found out that not only does he not meet the 15-foot setbacks, the cement apron encroached on conservation land as well. Mr. Weinstein was embarrassed and has worked with the Conservation Commission to resolve the matter. He has re-vegetated the area at a cost of$9,000 and removed the cement. He is seeking a 1 0-foot variance in order to keep the swimming pool presently situated in his backyard. Mr. hills informs that Board that his client would not do this intentionally as some neighbors have proposed and he feels that since his house sits far back on his property that a 10-foot variance in the back yard would not be detrimental to the neighborhood. He also informs the Board that there was a misconception about where the conservation lure was and Cape & Islands Engineering has since been Mired to stake out the property and conservation lines. Patty Weinstein reads several letters of support for this project and they include Paul Sullivan, Bract Hosley, Chris Quig ly and Mike O'Brien. Mr. Mills