10/10/2012 ZONING BOARD OF APPEALS Minutes

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�M1`yTMN Town (YYla.shpee R 16 GreotAck Tvoad rVorth Mczslzpee,'Massachusc,'tts 02649 MASHPEE ZONING BOARD OF APPEALS WITHDRAWAL OF PETITION MODIFICATION OF A VARIANCE V-2012-50 Paul Tragiannopoulos Registry of Deeds Title Reference: 593 Main Street Book: 19496 Page: 144 Map 20 Parcel 2 Mashpee,MA 02649 A Petition was filed on September 14, 2012 by Paul Tragiannopoulos requesting a Modification to Variance V-2010-45 under Section 174-31 of the Zoning By-laws to vary the rear setback requirements by an additional two feet in order to legalize an existing garage addition on property located in an R-5 zoning district at 593 Main Street (Map 20 Parcel 2) Mashpee, MA. Error in siting of foundation was discovered after building was constructed. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on September 21, and September 28,2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on October 10, and October 24, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, and Judith M.Horton, The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A§10 and the Town of Mashpee Zoning By-laws. Mr. Thomas Wilson, an abutter at 581 Main Street, said that he and his neighbors have been dealing with this nuisance and zoning violation for over two years. Mr. Morgan said that Town Counsel is dealing with the illegal operation and zoning violations. The Building Department has not issued an Occupancy Permit for the garage. Attorney Creedon said that, due to a miscommunication between Mr. Tragiannopoulos and the builder, the building was built two feet closer to the sideline than was authorized by the Variance granted by the Board in the 2010 Decision. Attorney Creedon asked the Board to grant the two-foot Variance relief so that Mr. Tragiannopoulos will be able to sell his property. He said that his client will agree to all of the pending judgments,thus, ending the current lawsuits filed by the Town, as well as resolving the nuisance issues with the neighbors. Mr.Bonvie said that the Building Inspector demands a certified as-built of the foundation location. Had Mr. Tragiannopoulos provided the as-built when requested, he would have discovered the error before the building was completed. The Board expressed frustration that Mr. Tragiannopoulos wants the Board to correct an error that should never have been allowed to happen. The Board stated that Mr. Tragiannopoulos created the additional hardship himself. Because Mr. Tragiannopoulos had still not arrived at the meeting at 8:15 p.m., Attorney Creedon asked for a continuance of the Petition. The Board voted unanimously to continue the Petition until October 24, 2012. On Monday, October 22, 2012 the ZBA office received a letter from Attorney Daniel Creedon asking for Withdrawal of the Petition. At the continued hearings on October 24, 2012, the Board voted unanimously to grant the request for Withdrawal of the Petition.