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. V <br />MASHPEE ZONING BOARD OF APPEALS <br />EXECUTIVE SESSION MINUTES <br />• MARCH <br />Attorney Costello said that he filed a notice off appearance on behalf of the Board, which <br />is all that is required. He said that the co-defendant, Marsolais, will likely file an <br />appearance and will assist, if not, assume the responsibility of defending the ZBA <br />Decision and the Building Commissioner's Opinion. <br />Attorney Costello said that Mr. Regan has also appealed the Conservation Commission <br />Order of Conditions to the DEP. Attorney Costello said the aggrieved party appears to be <br />using whatever tactic he can to prevent the abutter from building next to his property. <br />Building Commissioner Richard Stevens was very clear in his interpretation of the <br />Building Line. Attorney Costello said that the Building Line is not a requirement of the <br />Zoning By-laws and is not a setback requirement. He said that the Building Line is not <br />defined as it shows on the.plan. The Building Line was incorporated onto a plan during <br />the subdivision approval stage from a design point of view, which would ensure that <br />abutting properties would follow a symmetrical pattern for aesthetic purposes. <br />Attorney Costello said that a Case Management Conference is arranged to assemble the <br />interested parties together to see if an agreement can be reached. He said that he will <br />keep the Board informed if an appearance by a Board Member in court is necessary. <br />Attorney Costello said that there is a great degree of deference given by the ZBA, as well <br />as the courts, to the Local Enforcement Officer's Opinion. He said that he likes the <br />• chances that the Board has in this case and that the case is not a burden on the Town to <br />hold firm to its position. <br />Attorney Costello estimated that this case will not be scheduled until sometime in <br />September. <br />The Board thanked Mr. Costello for his time and expert knowledge. <br />Mr. Furbush made a motion to adjourn Executive Session. Mr. Blaisdell seconded the <br />motion. Votes: Mr. Nelson, yes. Mr. Furbush , yes.. Mr. Blaisdell, yes. Mr. Reiffarth, <br />yes. Mr. Dorsey, yes. Mr. Bonvie, yes. Ms. Horton, yes. Meeting was adjourned at <br />9:00 P.M. <br />Respectfully submitted, <br />r'Gu <br />Cynth;aaA,rto-k <br />Administrative Secretary <br />Zoning Board of Appeals <br />M <br />