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0 EXECUTIVE SESSION <br />Zoning Board of Appeals <br />Minutes — Wednesday, August 12, 2009 <br />The Mashpee Zoning Board of Appeals held a Public Hearing on <br />Wednesday, August 12, 2009 at the Mashpee Town Hall. Board <br />Members Robert Nelson, John Dorsey, Jonathan Furbush, James <br />Reiffarth and William Blaisdell were present. Alternate member Peter <br />Hinden was present. <br />Robert Nelson takes a roll call vote to go into Executive Session. <br />Executive Session begins at 8:15 p.m. <br />Jonathan Furbush votes yes <br />James Reiffarth votes yes <br />William Blaisdell votes yes <br />John Dorsey votes yes <br />Peter Hinden votes yes <br />Mr. Nelson discusses the lawsuit on the Dunne matter currently before the <br />board. They were originally scheduled for Court on August 10"' and he <br />apologizes for not letting the Board know that the venue was changed and it is <br />now being heard in Superior Court rather than Falmouth District Court. Town <br />Counsel had it changed. Mr. Nelson informed the Board that he met with Town <br />Counsel on the matter and we have a solid case before the Judge as to denying <br />the excessive lot coverage and the shed and variance request for setback relief. <br />It was determined that in 2002, the Building Inspector issued a building permit <br />for a deck and porch which put the lot coverage over the 20% maximum and at <br />23%, which is where it stands now. In addition, the shed was there first and <br />then the applicant came for zoning relief. Also, once the matter is filed in district <br />court, it cannot be changed over to land court — per Town Counsel. Attorney <br />Costello said that Superior Court judges traditionally have more knowledge of <br />zoning matters and this will be handled properly. <br />Robert Nelson makes a motion to go out of Executive Session. Jonanthan <br />Furbush seconds the motion. The board exits executive session at 9:00 p.m. <br />0 ,Reet'—� <br />sub <br />`Lori Corsi — ZBA Mgr. <br />