04/24/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—April 24, 2002 7 Board of Appeals Robert M. & Myriah Bruce Sr. —Request a Special Permit under Section 174-25.A.8 of the Zoning By-laws to allow for the addition of an in-law apartment to an existing dwelling on property located in an R-3 zoning district at 100 Scituate Road (Map 22 Parcel 83) Mashpee, MA. Sitting: James E. Regan IJI, Robert G. Nelson and Zella E. Elizenberry. �I Mr. Nelson moved to accept the request for Withdrawal Without Prejudice of the Petition I II for a Special Permit, SP-02-60. Ms. Elizenberry seconded. All agreed. MINUTES Accept Minutes of March 27, 2002. Mr. Borgeson requested a correction of the first sentence of the last paragraph on page 4 ! 1 l to reflect the proper address of 82 Sunset Circle. Mr. Nelson moved to accept the ( I Minutes of March 27, 2002, subject to the revision as requested by Mr. Borgeson. Mr. .I Borgeson seconded. All agreed. I! i' OTHER BUSINESS Vote to cancel ZBA 5/8/02 Public Hearings. Mr. Nelson moved to cancel the ZBA meeting of 5/8/02. Ms. Elizenberry seconded. All agreed. I Mr. Regan expressed concern with the Variance relief being requested by property ! owners to have the Board determine that lots are buildable. Mr. Brem mentioned the j Petitions on 184 and 190 Waterway and said that the property owner has been paying j taxes on an undeveloped lot as a buildable lot all these years without the knowledge that the lot had become unbuildable. Mr. Brem objected to the fact that no notice was given 'II to the property owner that the status of the lot had changed and that the Assessing I � Department continues to assess the lot as a buildable lot at$400,000. Mr. Borgeson said that the Board has received clear advice from Town Counsel that it does not have the it authority to grant Variance relief under these circumstances. Ms. Elizenberry said that Ili she resents the fact that the Board is being put in this position because of failure by the i I 'I Ili u Town to notify property owners of significant changes in the By-laws. Mr. Regan referred to the criteria for Variance relief. Mr. Guerrera said that financial hardship is not �I Ill�j a basis for granting Variance relief. Mr. Brem said that he asked Mr. Bailey in the Assessing Department the reason for the Town to collect full taxes on unbuildable lots. ail �H j After a lengthy discussion the meeting was adjourned at 8:45 p.m. ! �� Respectfully submitted, I ill' il'I I C thia Barton Administrative Secretary �I I i