01/09/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 9, 2002 5 Board of Appeals Mr. Brem brought up the subject of Mr. DiMeco and his claim that he never received a Cease and Desist Order from Mr. Hauck. Mr. Brem asked if the Mercantile Property Management would have forwarded any Cease and Desist Order to Mr. DiMeco. Mr. DiMeco replied that Mercantile would have notified him immediately. Mr. Brem referred to the August 10, 1998 letter from Building Commissioner William F. Hauck to Mercantile Property Management. The letter informed Mercantile Property Management 1z that "creating any additional parking requires a modification to the special permit by the Board of Appeals". Mr. DiMeco countered that the Petitioner was not looking for > ; `additional' parking spaces and that the Board of Trustees acted on the advice of the attorney that it was within its right spaces. Mr. Nelson �- t to relocate the subject parking p said that the original site plan is registered and that any modification to that plan would require approval from the ZBA. Mr. DiMeco said that he didn't want to argue and that he didn't want to be reprimanded. He told the Board to "vote no, we'll take them out, because it bothers me nothing". In view of the fact that the Building Commissioner sent Cease and Desist Orders to the Petitioner, which the Petitioner elected to ignore, Mr. Borgeson attempted to make a motion to Deny the Petition. Mr. Regan stopped him. Ms. Jane Stockbridge, a resident of Building J, read a lengthy letter in opposition to the parking spaces in front of her building. Ms. Dorothy Bottos, a member of the Deer Crossing Board of Trustees, said that the parking discrepancy has been going on for years. She said that "Mr. Savage used to go down to the courtyard, the tennis court and it was terrible" and "they really did need extra T spaces". Ms. Bottos failed to identify "Mr. Savage" and "they". She said that the "two spaces really looked very, very nice" and "no trees were down or anything and what they did, was put blocks up and everything so nobody could go in there, which really to me is a spite thing". Mr. Regan thanked everyone for their comments. Ms. Peg Dolan, a member of the Deer Crossing Board of Trustees, said that although the residents of Building J are demanding the removal of the parking spaces in front of their building, the residents of Buildings L and M want the parking spaces in front of their '. buildings to remain. She asked for the ZBA to consider all sides of the issue before rendering a decision. Mr. Andrew Fredricks, a member of Building J, also expressed y concern that the residents of Buildings L and M might be adversely affected by the desires of the residents of Building J. Mr. Borgeson said that the point is not where the parking spaces are or where they should be or how many there should be, but that "the fact, that the Management, the Board of Directors did not adhere to what the Town of Mashpee asked them to do and blatantly ignored it for .3 times" and suggested that the Board deny the Petition. Mr. Borgeson said that some problems should be resolved within a neighborhood; however in the event that a special permit is required, then application must be made to the appropriate Board. He