01/09/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 9, 2002 3 Board of Appeals PUBLIC HEARINGS Deer Crossing Condominium Trust—Requests a Modification to a Special Permit to allow for changes to the original parking plan on property located in an R-4 zoning district at 661 Falmouth Road (Map 81 Parcel 3) Mashpee, MA. 4 Present: James E. Regan III, Robert G. Nelson, Richard T. Guerrera, Zella E. Elizenberry, Frederick R. Borgeson and Marshall A. Brem. (There was not an official appointment of members to sit on this Petition). Mr. Fred DiMeco represented the Petition and said that eight of the parking spaces that were approved on the original site plan were not built. In place of the eight parking spaces, six parking spaces were installed in various areas in front of Buildings J, L and M. These parking spaces were not on the original site plan approved by the ZBA. Trees were removed and replaced with crushed stone to create the subject parking spaces. Mr. DiMeco claimed that the parking spaces were installed "in the innocence of the need because of the change of the complexity of the community". He said that different unit owners have requested for changes to be made in the parking areas over the last 7 years. Mr. DiMeco said that the Petitioner's attorney reviewed the Special Permit and advised the Deer Crossing Board of Trustees that the proposed installation of the six parking spaces was not a change in use and did not require ZBA approval. Mr. Regan referred to the letters from abutters residing in Building J in opposition to the parking spaces. Mr. DiMeco repeated that 8 of the parking spaces approved on the original site plan were never installed. Therefore, he and the Deer Crossing Board of Trustees were under the impression that creation of the six subject parking spaces did not require notification to the Town. He indicated that the residents of Deer Crossing were not informed of the change in parking. Mr. DiMeco said that there are excess funds at the end of the year and the Board of Trustees votes and decides to mediate some of the a complaints from residents. He said that the subject parking spaces were installed at the w request of different unit owners for more parking spaces. Mr. Nelson read the correspondence sent by the Building Commissioner to the Petitioner. It reads: "Be aware that this situation occurred despite a Cease and Desist Order in 1998 from Bill Hauck, the then Building Inspector. Another verbal Cease and Desist Order from Bill Hauck in November 2000 and a Cease and Desist Order on April 10, 2001 from Russ Wheeler". Mr. Nelson said, "you completely ignored the Building Inspector, who is the Zoning Enforcement Officer for the Town of Mashpee". Mr. Brem said that someone k f, who receives a Cease and Desist Order and continues to ignore it is like "slapping someone in the face". Mr. DiMeco said that he never received a Cease and Desist Order from Mr. Hauck. However, he admitted to receiving a Cease and Desist Order from Building Commissioner Wheeler after the parking spaces were installed. Mr. Borgeson said that the Petitioner received several warnings to resolve the issue, ignored the warnings and is now seeking to legitimize the Town violations. He said that "this is an item that should never have come to the Zoning Board of Appeals. This is something to do with you, the Board of Directors and the homeowners of Deer Crossing". Mr.