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Mashpee Zoning <br />Board of Appeals Executive Session Minutes <br />2 May 27, 2009 <br />• The Board asked for Town Counsel to assist them in this endeavor and we are <br />presently discussing the reasons/findings the Board had thought about when <br />they denied these applications. Attorney Costello discusses all the reasons why <br />the Board denied the Special Permit and the Variance. Generally, decisions that <br />are denied do not require substantive specific findings, however this Judge has <br />asked for them and Attorney Costello has asked the board to consider their <br />reasoning and he will then incorporate these into the specific findings that the <br />Judge has asked for. <br />Attorney Costello informed the Board they need to notice abutters and advertise <br />for an open public meeting — but not a new hearing. The members will receive a <br />draft version of the amended decision in the mail, they will make any comments <br />they need to and bring it to the next hearing. Attorney Costello will then make <br />the changes and when they assemble again June 24th, they will vote to re -file <br />and re -submit the amended decisions to the Clerk. AT that point, should the <br />applicant wish to appeal again — it would be the new amended decisions they <br />would need to file and appeal with. Bob Nelson discusses Section 174-19 <br />(abandonment of property). He discusses that the house has been vacant for <br />over 25 years. Attorney Costello tells them that since that by-law was not filed <br />under, we will not be taking that into consideration. The application is only <br />entitled to the existing house as is. The applicant also owns the lot next door <br />that abuts the property. . <br />The Board considered the following as specific findings: <br />✓ The lot coverage is based on the foundation of the house. The ZBA <br />suggested they cantilever some of the dwelling — applicant refused to <br />consider it. <br />✓ There was no hardship proven <br />✓ Concern over the intrusion of the natural beach area as well. <br />Attorney Costello will assimilate these comments into the amended draft <br />decisions and get them to Lori for distribution. <br />Robert Nelson makes a motion to close the executive session. Jonathan Furbush <br />seconds the motion. They all agree. Executive Session is closed at 7:35 p.m. <br />Fectfully sub jtttcd: <br />,p n / f U/A�. <br />Lori Corsi <br />Office Mgr. ZBA <br />95: Ed 91 Nnr 60. <br />M310 U01 <br />33dHSVW JO Nh101 <br />