03/10/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Margaret Fitzgibbon 2 SP-04-11 nothing has changed since the last application for an accessory apartment. The greenhouse has been built to connect the 2 structures as the Board had previously requested. Attorney Mary Mohen, appellant's attorney, addresses the Board. She insists her clients will suffer a loss of value in their home if this special permit is granted. They feel a rental apartment was not something they would have built a home near had they been informed of Ms. Fitzgibbon's plans to do so. The trees that applicant says they planted does not do enough to protect their privacy and they are concerned if this apartment is granted in perpetuity. Mr. Wheeler informs Ms. Mohen that the new by-law does not allow the perpetuity any longer and once a piece of property changes hand—the special permit is null and void. Ms. Mohen said she was not aware of this. She tells the Board that Ms. Fitzgibbon told her clients that there would only be an office and some storage space above that garage. She tells the Board they are strongly opposed to this and would like the Board to deny the request. Kristen Hyde, a direct abutter also addresses the Board. She has issues with Ms. Fitzgibbon as well, however, cannot produce any letters or proof that bushes were destroyed on her property during construction as well as an electric dog fence when asked to do so. The Board informs her that this has nothing to do with the matter at hand and this is a neighbor argument that the Board has no jurisdiction over it. Barry Blake and Jewel Blake, direct abutters, address the board with their opposition. Barry Blake reads a letter into the file describing how if approved this apartment would diminish the value of their property. He tells the Board that Ms. Fitzgibbon told them prior to purchasing their house from her that she was only going to have an office above the garage and not rental property. The Blakes feel they were lied to and have been living a"nightmare" since they moved into their home directly behind the Fitzgibbon residence. The Board thanks Mr. Blake for his input. A back and forth discussion takes place between Ms. Fitzgibbon's attorney and the Coughlin's attorney. After listening to all parties, the Board feels Ms. Fitzgibbon has a reasonable request and that they will issue the permit just as they did the last time. Mr. Borgeson snakes a motion to grant the special permit to Ms. Fitzgibbon. Zella Elizenberry seconds the motion. All agree. So moved.