12/13/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes December 13, 2006 TOWN OF MASHPEE Zoning Board of Appeals Minutes — Wednesday, December 13, 2006 The Mashpee Zoning Board of Appeals held a Public Hearing on Wednesday, December 13, 2006 at 7:00 p.m. at the Mashpee Town Hall. Board Members Robert Nelson, Zella Elizenberry, Frederick Bergeson, Marshall Brem and Jonathan Furbush were present along with alternate members .lames Reiffarth, and George Bolton. Eric Dublirer was absent. Mr. Nelson brought the meeting to order at 7:00 p.m. Zella Elizenberry read the continuances for tonight's hearing. Continued Hearings Thomas and Dale Choate: Requests a Variance on Sections 174-31 for setback relief and lot size relief from the Zoning By-laws in order to build house and garage on • property located in an R-5 zoning district at 43 Pickerel Cove Circle (Map 14 Parcel 7) Mashpee, MA. Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Jonathan Furbush and Frederick Bergeson. r� John Slavinsky, represents the applicants at this continued hearing. Applicant has come back to the board showing the house moved back needing no sideyard variances. There are two letters in support of this project that are read into the record by Mr. Nelson. They are from Pat Dempsey and Garret Van Garmet. Mr. Slavinsky gives the Board the overview of why he feels this variance should be granted. This lot already has a house on it and they are requesting like many other similar requests the board has granted, to tear the house down and are in need of frontage relief and lot size relief. Ellen Kagan, who was in a lawsuit for many years with applicant and has since lost her case in supreme judicial court, again appeals to the board for them to deny the matter since she is unable to build two house on her two lots. She informs the Board that Mr. Choate is requesting the exact same thing that he sued her over. After much testimony and debate on the matter, the Chairman takes the matter to a vote. Mr. Nelson reminds the Board not to vote with their heart and to adhere to the by-laws. Marshall Brem makes a motion at first where the language was stated in reverse of the way the motion should have been read. The Board corrects this and Mr. Bergeson makes a motion to grant the variance requests. Mr. Nelson votes yes. Mr. Brem votes no. Ms. Elizenberry votes no. Jonathan Forbush votes no. The motion is defeated 3-2.