01/09/2002 ZONING BOARD OF APPEALS Decisions

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4. Town of Mashpee yout 16 Great Xeck Arth load _ Decision to Accept a Request for Withdrawal With °`E Of a Petition for a Modification To a Special Permi�� Massachusetts 02649 RE: Deer Crossing Condominium Trust SP-02-1 661 Falmouth Road Map 81 Parcel 3 A Petition was filed on November 26, 2001 by Deer Crossing Condominium Trust for 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. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on December 21 and December 28, 2001, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, January 9, 2002, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Frederick R. Borgeson, Zella E. Elizenberry and Richard T. Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. Mr. Fred DiMeco represented the Petition and said that in place of eight of the parking spaces that were approved by the Zoning Board of Appeals and as shown on the original site plan, six parking spaces were installed in various areas in front of Buildings J, L and M. Mr. Nelson referred to the numerous Cease and Desist Orders sent by the Building Commissioner to the Petitioner over the past several years. Mr. Borgeson expressed irritation that the Petitioner chose to ignore those warnings and that this issue has "cost the Town of Mashpee money... to resolve a problem that should have been resolved with the homeowners...and the Deer Crossing Management Company". Mr. Regan read several letters from abutters residing in Building J in opposition to the parking spaces. The Board allowed several Deer Crossing Condominium residents to express their opinions. Some of the Deer Crossing Condominium Board members also made comments. After a very lengthy discussion, the Zoning Board of Appeals voted unanimously to continue the Petition until March 13, 2002. The ZBA office received a letter dated January 30, 2002 from Mercantile Property Management Corporation on behalf of Deer Crossing Condominiums requesting a Withdrawal of the above-referenced Petition. At the continued hearings on March 27, 2002, the Zoning Board of Appeals voted unanimously to accept the Request for Withdrawal Without Prejudice of the Petition to Modify a Special Permit, SP-02-1.