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• J a <br /> Mashpee Zoning <br /> Board of Appeals Minutes <br /> 2 March 25, 2004 <br /> perpetuity. Mr. Wheeler informs Ms. Mohen that the new by-law does not allow the <br /> perpetuity any longer and once a piece of property changes hand—the special permit is <br /> • null and void. Ms. Mohen said she was not aware of this. She tells the Board that Ms. <br /> Fitzgibbon told her clients that there would only be an office and some storage space <br /> above that garage. She tells the Board they are strongly opposed to this and would like <br /> the Board to deny the request. Kristen Hyde, a direct abutter also addresses the Board. <br /> She has issues with Ms. Fitzgibbon as well, however, cannot produce any letters or proof <br /> that bushes were destroyed on her property during construction as well as an electric dog <br /> fence when asked to do so. The Board informs her that this has nothing to do with the <br /> matter at hand and this is a neighbor argument that the Board has no jurisdiction over. <br /> Barry Blake and Jewel Blake, direct abutters, address the board with their opposition. <br /> Barry Blake reads a letter into the file describing how if approved this apartment would <br /> diminish the value of their property. He tells the Board that Ms. Fitzgibbon told them <br /> prior to purchasing their house from her that she was only going to have an office above <br /> the garage and not rental property. The Blakes feel they were lied to and have been <br /> living a`nightmare" since they moved into their home directly behind the Fitzgibbon <br /> residence. The Board thanks Mr. Blake for his input. A back and forth discussion takes <br /> place between Ms. Fitzgibbon's attorney and the Coughlin's attorney. After listening to <br /> all parties, the Board feels Ms. Fitzgibbon has a reasonable request and that they will <br /> issue the permit just as they did the last time. Mr. Borgeson makes a motion to grant the <br /> special permit to Ms. Fitzgibbon. Zella Elizenberry seconds the motion. All agree. So <br /> moved. <br /> Tammy Depolo: Requests a Variance under Section 174-31 of the Zoning By-Laws in <br /> order to vary the setback requirements to build a 14' x 19' family room on property <br /> located in an R-5 zoning district at 141 Sunset Strip (Map 46 Parcel 3) Mashpee, MA. <br /> Sitting: Robert Nelson, Frederick Borgeson and Zella Elizenberry. <br /> Tammy Depolo represents herself at this hearing. She is seeking a side yard variance in <br /> order to build a family room. The Board reviews the plans and finds the request to be <br /> reasonable. Frederick Borgeson moves to grant a 6.8-foot variance on the side yard. <br /> Robert Nelson seconds the motion. All agree. So moved. <br /> Francis and Lorraine O'Brien: Request a Variance from Section 174-31 of the Zoning <br /> By-laws in order to vary the front setback requirements to build a farmer's and add 6' to <br /> the width of the house for a family room addition on property located in an R-3 zoning <br /> district at 11 Bearse Road (Map 117 Parcel 316) Mashpee, MA. <br /> Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. <br /> Francis O'Brien represents himself at this hearing. He is seeking a variance in order to <br /> build a family room and farmer's porch. Since the property is in the Popponessett <br />