10/22/2003 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes October 2.2., Zoo Sitting: James Regan, Marshall Brenn, and Robert Nelson. Attorney Kevin Iirrane represents the Hills at this hearing. After appearing before this Board several bines on this matter which is currently being appealed, Mr. Kirrane informs the Board that his client will, at considerable cost, concede to move the accessory dwelling at issue, to the 15-foot setback marls and attach it to the main dwelling. Petitioners have been unable to use this structure since it has been tied up in court and would lire to gain use of it as soon as possible. This board has previously granted a Special Permit and a variance. Attorney Kirrane has spoken with Town Counsel and they feel the best way to pursue this is a Modification of the granted Special Permit, thus the new filing. Heather Hill addresses the Board and informs thein that there is a denitrification system solely for the boat house which has been approved by the Board of Health. Attorney James Sandler, direct abutter and appellant, represents his parents in this appeal. He reiterates his the fact that it is a non-conforming lot and there is currently a 40,000 square foot land space requirement. He informs the Board that a special permit may not be modified after two years. Mr. Sandler discusses the size ofthe petitioner's house, whether or not the boat house actually has a boat in it and questions whether or not 2 people who live thea really need that much space. Mr. Regan asks Mr. Sandler if untimately he really wants the Hills to tear this structure down and Mr. Sandler informs him that he does. Mr. Brem asks if this is a"Hatfield and McCoy" fight and asks what it would take to resolve it. Ms. Hill tells the Board that the Sandlers never approached them first with any issues and that apparently, nothing will mare them happy except the removal of the dwelling which they will not and should not have to do. Mr. Brenn informs Ir. Sandler that people have a right to live how they wish and that is none of his business and certainly has nothing to do with the ZBA. The Hills have agreed to move their dwelling to the current zoning setback. The Board discusses the method of approving this permit and whether or not it has expired. The Board feels this is a reasonable solution to an ongoing battle. Marshall Barn moves to grant the modification of the special permit. Robert ert Nelson seconds the motion. All agree. So moved. Reference new site plans. Laurie a_: Requests a variance from Section 174-31 of the Zoning By-laves to vary the setback requirements in order to build a ' x 32' farmer's porch on property located in an R-5 zoning district at 7 Edgewater Erie (Map 17 Panel lashpee, MA. Sitting: Robert Nelson, Zella Elienberry, and Diehard Guerrera. Laurie Langill, petitioner represents herself. She is unsure how to proceed with the Board except to say that she is seeping a variance in order to build a farmer's porch on the front of her house. Mr. Brenn informs that Board of his site visit and feels this would be an improvement to the property. Zella Eli enberry moves to grant the 5.6 foot variance. Richard Guerrera seconds the motion. All agree. So moved. Reference site plans.