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f` <br /> Mashpee Zoning Minutes—February 9, 2000 3 wy'q <br /> Board of Appeals <br /> amended in 1989. He claims that Section 6 does not provide relief for the petitioner. e <br /> Attorney Hazel further stated in his letter that establishing each one of the three <br /> requirements under the statute is a very difficult task and few variances stand up when r; U�'•., <br /> challenged in court... Both parties will be put to unnecessary legal expense in litigation <br /> fees if improper relief is granted". <br /> Mr. Govoni stated that he did not see how the Board could grant the relief, especially in r +' <br /> light of the fact that a direct abutter is so opposed to the proposal and that the By-laws do <br /> not allow for granting of the Variance. , u <br /> Mr. DiPaolo commented that he should be given an opportunity to remind the Board <br /> about some of the issues that were raised on January 12t`. Mr. DiPaolo said that he has <br /> paid separate tax bills on the lots all of these years and has been a good owner. He <br /> questioned if the Board had conducted research on the matter of deed search and the ' �"✓�! <br /> By-laws. �w. <br /> Mr. Govoni said that the research was conducted and said that he understood Mr. r <br /> DiPaolo's situation. Mr. Govoni stated that the Board allowed owners that were affected <br /> by the By-law that was passed in 1989 to grandfather their properties for another five <br /> years in order to separate their lots. Mr. Govoni said that the Board cannot go against <br /> the Zoning By-law. The other Board members agreed with Mr. Govoni's comments. " <br /> Mr. Govoni moved to deny the requests for Variances without prejudice. Ms. <br /> Elizenberry seconded. All agreed. <br /> OTHER BUSINESS <br /> Boston—Wyman—Requests a Special Permit under Sections 174-25.E.2 and <br /> 174-25.H.6 of the Zoning By-laws for permission to construct a restaurant with <br /> accessory drive-through window and playground on property located in a C-2 <br /> zoning district at 486 Old Barnstable Road(Map 73 Block 47)Mashpee, MA. <br /> (Owner of record: Shellback Way Realty Trust.) r• <br /> Sitting: Edward M. Govoni, James E. Regan III and Zella E. Elizenberry. <br /> A letter dated February 1, 2000 was sent by Attorney Kevin M. Kirrane on behalf of the , <br /> applicant requesting withdrawal of the Application for Special Permit relief. <br /> Mr. Regan moved to accept the request for withdrawal of the application. Mr. Govoni <br /> seconded. All agreed. <br /> David Cohen—Requests a Special Permit under Section 174-25.I.9 of the Zoning <br /> I� •�Ic• ,1 <br /> By-laws for permission to construct a pier,ramp and float on Great River on y" <br /> property located in an R-3 zoning district at 18 Wheelhouse Lane (Map 120 +4 <br /> Block 158)Mashpee, MA. <br /> I M <br /> IN' } <br /> i <br />