10/10/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS OCTOBER 10, 2012 • MINUTES Attorney Creedon arrived at 7:40 p.m. and apologized for being late. He said that there are three litigations against his client — a contempt action; an action by the Building Commissioner to enforce the zoning; an action by the Fire Chief to enforce the fire code. 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 said that the "plan called for a 50x15 -foot building, 3 feet off'. What was built was a 50x20 -foot building and now Mr. Tragiannopoulos wants a Modification of the 2010 Variance. Attorney Creedon said that if the Board grants the Modification with the de minimus two - foot Variance relief, Mr. Tragiannopoulos will be able to sell his property. He said that his client will agree to the judgments, ending the current lawsuits filed by the Town, as well as resolve the issues with the neighbors. Attorney Creedon said that the sandblasting equipment has been sold. Mr. Furbush asked why construction of the building was continued before the foundation was signed off by the Building Department. He also asked why Mr. Tragiannopoulos was not suing whoever set the foundation. Mr. Bonvie asked when the error was discovered. Attorney Creedon said that he couldn't answer the questions. Mr. Bonvie said that the Building Inspector demands a certified as -built of the foundation location. Had Mr. Tragiannopoulos done that, he would have discovered the error before the building was completed. Mr. Forbush expressed his frustration that Mr. Tragiannopoulos is wants the Board to correct an error that should never have been allowed to happen. Attorney Creedon said that if the Board doesn't grant the Variance, they will be holding the Petitioner "hostage". Attorney Creedon said that Mr. Tragiannopoulos will never tear down the building. Building Inspector Charles Maintanis requested an as -built before construction of the garage was commenced. Mr. Tragiannopoulos ignored these requests. After the building was constructed, Petitioner asked for final inspection. When Mr. Maintanis demanded the as -built again, the error in location of the foundation was discovered. Site inspection was failed. The Board said that whether a mistake was made or it was a blatant disregard for procedures that resulted in the foundation error is not the issue. Mr. Furbush said that he doesn't see the hardship. Mr. Bonvie agreed and said that Mr. Tragiannopoulos created the additional hardship for himself. Attorney Creedon said that his client will "go away" if the Board grants the Variance. He said that "how we got here" does not relate directly to Chapter 40A Section 6. Mr. Bonvie agreed, but said that the basis of his vote is not contingent upon whether or not the client will agree to a judgment or whether he moves out of Town. Attorney Creedon said that he sat on the Barnstable ZBA for ten years and chaired, for three years, and he can't believe that the Board will not grant an additional two feet. Because his client had still not arrived at the meeting, Attorney Creedon asked for a continuance of the Petition. Mr. Blaisdell made a motion to continue the Petition until • October 24, 2012. Mrs. Bonvie seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Reiffarth, yes. Ms. Horton, yes. Vote was unanimous. 8