01/23/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 23, 2002 10 Board of Appeals Cape & Islands Engineering faxed a request for Withdrawal Without Prejudice of the above-referenced Petitions. Mr. Regan moved to accept the request for Withdrawal Without Prejudice of the Petitions for a Variance and Special Permit. Mr. Nelson seconded. All agreed. Richard M. & Ann M. Sargent, Jr. —Request a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback requirements to water and wetlands to allow for addition of a bedroom and garage to an existing dwelling on property located in an R-3 zoning district at 25 Taffrail Way (Map 112 Parcel 34) Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. MIS■ Cape & Islands Engineering faxed a request for Withdrawal Without Prejudice of the Petition. Mr. Regan moved to accept the request for Withdrawal Without Prejudice of the Petition for a Variance Mr. Nelson seconded. All agreed. OTHER BUSINESS Mr. Brem questioned why the Building Commissioner does not have the authority to fine people for blatant and unresolved violations. Mr. Wheeler said that when he cites an individual for a violation, it becomes an ongoing battle that winds up with him spending all of his time in court. Mr. Brem questioned what the Board could do to `give this guy some teeth'. Mr. Nelson said that the Board should seek to back the Building Commissioner's decisions and was disappointed that the Board failed to do so at the last meeting concerning the Deer Crossing Petition. Mr. Nelson said that the rules and guidelines for holding a meeting should be followed and reiterated that the Chairman should name the members that are to sit on a Petition as soon as possible after opening I!' the Petition. Going back to the violation issue, Mr. Brem said that people would be less likely to be in violation if they thought that the Building Commissioner had the power to fine them. Mr. Brem expressed frustration that the ZBA has a reputation in the community for giving people `whatever they want'. Mr. Brem apologized to Mr. Wheeler if what Mr. Nelson said was true and that the Board failed to support his decisions. Mr. Govoni said that Petitioners come to the ZBA requesting relief and that the Board has to be reasonable. Mr. Borgeson agreed and suggested that the Board l should more closely adhere to its interpretation of the Massachusetts General Laws when rendering decisions. Mr. Nelson stated that the ZBA is not an enforcing Board and that the Building Commissioner is the Zoning Enforcement Officer. He said that it is not the responsibility of the Board to be police. MINUTES Accept Minutes of 12/12/01 and 1/09/02 Public Hearings. Mr. Nelson moved to accept the Minutes of December 12, 2001 and January 9, 2002 Public Hearings. Mr. Regan seconded. All agreed.