05/22/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 22, 2002 5 Board of Appeals money every year. He complained that if`there were two different names on the deeds' the Petitioner wouldn't be having this problem. Mr. Brem stated that he did not feel that the Board would be doing anything wrong by granting relief to allow for construction of a modest home on the subject property. Mr. Govoni reminded Mr. Brem about the opinion from Town counsel. Mrs. Gabrielle Clemens, an abutter at 196 Waterway, said that she is concerned with what will happen with the lot and expressed her opposition to the Petition. She said that the Board should respect the law and support the zoning requirements. Mr. Govoni read a letter from Barron & Stafeld on behalf of Mr. A. Raymond Tye and Mr. and Mrs. Alfred Clemens expressing opposition to the proposal: Attorney Kirrane said that Mr. Tye was under the impression that changes were planned for the existing home at 184 Waterway, to which he was opposed. Attorney Kirrane said that Mrs. McIntyre's son, Mr. Scott, discussed the matter with Mr. Tye. Mr. Colby Scott verified that he talked to Mr. Tye and said that Mr. Tye is not o Y Y opposed to the proposal. Mr. Colby said that Mrs. Clemens was, at one time, interested in buying the subject property at 190 Waterway and was aware that the lot would be ideveloped. Mrs. Clemens p said that the architectural review committee informed her that plans call for construction of a large home of 4,000 square feet at 190 Waterway. She said that the merge of the two lots is the real issue. g Mr. Paul Morgenstern, an abutter at 189 Waterway, said that he is opposed to construction of a 'mega a house g on that corner lot. He asked if the Board could render a I decision and condition the footprint and square footage of the proposed construction. Mr. Govoni said that the Board could condition a decision in that manner. Mr. Regan suggested that the abutters consider the real possibility of the construction of a `major mega house', instead of two reasonably sized homes. Messrs. Brem and Regan brought up the financial hardship. Ms. Elizenberry said that the Board should not ignore the legal opinion of Town counsel. Attorney Richard Minassian of 8 Vale Lane said that, in his opinion, Chapter 40A Section 10 authorizes the Board to either enforce the letter of the statute or to use its i' discretion and weigh the public good against the hardship. Mr. Govoni said that the Board is obligated to listen to Town counsel. Attorney Kirrane said that the burden rests on the Petitioner, not on the Board, when a ZBA decision is appealed by an aggrieved party. Mr. Regan moved to grant a 6-month extension of V-01-65. Mr. Nelson seconded. All agreed. Jill 1j Mr. Nelson moved to continue the Petitions on 184 and 190 Waterway until June 26, 2002 to allow the Petitioner an opportunity to submit proposed house plans for 190 Waterway. Mr. Regan seconded. All agreed. i I' I