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Mashpee Zoning <br />Board of Appeals Minutes <br />3 February 11, 2009 <br />2. The septic design depicts no reserve area. <br />3. The land surveyor that stamped the 2004 plan from Ferreira <br />Associates has past away so another land surveyor would be <br />required to review and stamp the final Title V design plan. <br />4. The septic design, as shown, requires variances so if the final <br />plan does not change DEP will be required. <br />Also conditioned on plans from Ferreira Associates of Falmouth, MA, dated <br />May 25, 2004, NB. No. 155 and revised June 16, 2004. Jack Dorsey <br />seconds the motion. All agree. So moved. <br />Mr. Nelson notes on the plan that it says it is a cluster subdivision — Mr. <br />Slavinsky says it is not and a 40 foot setback is required on the frontyard. <br />Mr. Slavinsky signs the plan indicating the plan depicted should read "40 <br />foot frontyard setback is required". <br />0 Other Business: <br />➢ Mr. Nelson discusses with the Board the by-law now in place for <br />missing a meeting and their eligibility for voting. Lori Corsi informs <br />the Board that the by-law refers to ALL REGULATORY BOARDS, <br />and for all hearings not just Chapter 40 B's. In summary, if a board <br />member misses one meeting where they are sitting eligible voters, <br />they may review the video tape and they will then be qualified to vote. <br />Lori Corsi has drafted a form to have signed by that board member <br />which will be incorporated in the appropriate file. <br />➢ Lori Corsi informs the Board that they will find a letter from the <br />Building Commissioner regarding the Weinstein matter that was <br />appealed. Applicant was denied his variance request and he appealed <br />the matter and lost in court. He was required by the court to fill in the <br />pool and make it conform to the decision that the ZBA issued. This <br />matter has been an ongoing issue for more than 4 years and many <br />neighbors want Mr. Weinstein to be penalized for not complying. Mr. <br />Stevens has issued a warning via certified mail that the Town will take <br />• legal action in court if Mr. Weinstein does not comply. A copy of this <br />letter is in their folders for review. <br />