01/09/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 9, 2002 4 Board of Appeals Borgeson expressed irritation that this has "cost the Town of Mashpee money for Town Counsel, Town Planner, the Zoning Board of Appeals, the Building Inspectorand the Building Commissioner to resolve a problem that should have been resolved with the homeowners, the Board of Directors and Deer Crossing Management Company". Ms. Elizenberry asked Mr. DiMeco how long he has held his current position with the Cx Board of Trustees. Mr. DiMeco said that he has been in the position for 9 years. Ms. Elizenberry stated that he must have been aware of the Cease and Desist Order. Mr. DiMeco said that he is only aware of the one Cease and Desist Order from Mr. Wheeler. He said that he came down two years ago and spoke to "I don't know her last name - Cynthia" and started the application process. (Just a minor detail: Wednesday, January 9, 2002 was the first time 1(Cynthia) met Mr. Fredy DiMeco). Mr. DiMeco said that the attorney advised the Deer Crossing Board of Trustees that the original site plan calls for 8 parking spaces that were never created and that the Board of Trustees could install parking spaces anywhere it wanted. Ms. Elizenberry asked if the residents were informed of the decision to install the six parking spaces. Mr. DiMeco said that the residents do not vote and that the Board of Trustees makes certain votes based on the advice of the attorney. Ms. Elizenberry wondered that with "the high level of disapproval" from the Deer Crossing residents regarding the 6 parking spaces, the Deer Crossing Board of Trustees did not meet"with the residents and attempt to resolve the issue". Mr. DiMeco argued that "we never received disapproval". Ms. Elizenberry agreed with Mr. Borgeson and said that this issue should never have come to the ZBA. Ms. Sally Bold, a member of the Deer Crossing Board of Trustees, said that the Board of Trustees can make any decision regarding use of the common areas without advising or asking for approval from the residents. She went into a list of complaints from some of the residents and said that the Board decided to put in the subject parking spaces. Mr. Borgeson said that the Board of Trustees could have prevented a lot of problems if it had handled the situation in a more diplomatic manner with the residents that were most impacted by its decision. Ms. Bold insisted that the Board of Trustees did obey the Cease and Desist Order. Ms. Linda Howard Isenberg, a resident of Building J, said that the Board of Trustees was informed several years ago that residents of Building J did not want additional parking spaces in front of their building. She went into a lengthy dissertation of the history of the illegally created parking spaces. Ms. Isenberg prepared a large packet of documents regarding this situation and submitted it to the ZBA office. Each ZBA member received a copy of the packet to peruse well in advance of the meeting. Mr. Brem complimented a, Ms. Isenberg on all her hard work in putting together all the pertinent information for the ZBA members. Ms. Isenberg apologized for the inconvenience and said that this issue should never have come to the Board. She reminded the Deer Crossing Board of Trustees that it is "elected to represent the residents and it doesn't seem to be happening". �.. Ms. Isenberg responded to Ms. Bold's comment that the Board of Trustees is in charge of the common area, but Ms. Isenberg said "but not above the Town laws; they still have to obey the Town laws".