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I <br /> Mashpee Zoning Minutes—April 24, 2002 5 <br /> Board of Appeals <br /> Messrs. Nelson and Guerrera said that there is no true hardship. Mr. Brem referred to the ' <br /> required findings, which the Petitioner must meet in order to qualify for grant of a <br /> Variance. The Board must determine that there is something wrong (soil conditions, <br /> topography or shape) or unusual about the parcel for which the Variance is being sought. I' <br /> Mr. Nelson suggested that the Petitioner consider moving or skewing the proposed <br /> construction to meet the setback requirements. Building Commissioner Russell W. <br /> Wheeler said that he would be happy to work with the Petitioner and the builder. <br /> I, <br /> Mr. Borgeson moved to Deny Without Prejudice the Petition for a Variance. Mr. Brem j <br /> seconded. All agreed. j <br /> i <br /> Jeremy D. &Amy L. Richards - Request an Appeal of the decision of the Building II I I <br /> I <br /> Commissioner to allow for a commercial vehicle to be parked on property located 'I <br /> in an R-5 zoning district at 836 Cotuit Road (Map 3 Parcel 9) Mashpee, MA. ! <br /> i <br /> Sitting: James E. Regan III, Zella E. Elizenberry and Marshall A. Brem. <br /> IIS ' � i <br /> Attorney William T. Boardman represented the Petition and stated that the Appeal is <br /> based on the difference in definition between the words `capacity' and `weight'. He said <br /> that the Petitioner is seeking permission to park a Peterbilt tractor in a residential area. <br /> Attorney Boardman said that a tractor does not have capacity - it does not carry anything <br /> because it pulls a trailer. He stated that the tractor should be allowed to be parked on the <br /> subject property as a matter of right. Attorney Boardman said the tractor would be <br /> parked in a garage in the rear of the two-acre wooded property. <br /> Mr. Borgeson referred to Town Counsel's opinion, which states that the proposal would <br /> be a violation of the By-laws. Attorney Boardman said that the By-law is improperly <br /> drafted because it does not clearly define that certain size or weight vehicles are <br /> disallowed in a residential zone. Mr. Brem said that the Board endeavors to protect the I I <br /> residents L' j <br /> I <br /> Mrs. Richards said that she and her husband are currently building a horse barn on the <br /> I. <br /> subject property. She stated that Sandwichranted Variances and has allowed d two truck <br /> in <br /> garages residential areas. Mrs. Richards argued ued th <br /> at none of the neighbors <br /> have <br /> s <br /> g I � I <br /> complained about the proposed construction. Mr. Borgeson stated that he was <br /> sympathetic to the request, but that the Board has received Town Counsel opinion f <br /> recommending that the Appeal should be denied. Mr. Nelson agreed and said that he <br /> anticipates that other residents would apply for similar relief and that granting permission j <br /> to the Petitioner would not be of benefit of the Town. <br /> Mr. Brem moved to Deny Without Prejudice the request for an Appeal. Ms. Elizenberry <br /> seconded. All agreed. i ! <br /> Jason E. Stone—Requests a Special Permit under Section 174-20 of the Zoning By-laws j <br /> to allow for demolition of an existing dwelling and construction of a single-family home V <br />