10/04/2000 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Town of Mashpee MASHPEE ZONING BOARD OF APPEALS 16 Great JVeck load JVorth Mashpee,Massachusetts 02649 RE: Frederick R. Glass V-99-24 133 Tide Run Map 120 Block 180 A Petition was filed on March 5, 1999 by Frederick R. Glass of Jupiter, Florida j I for a Variance from Sections 174-31, 174-85 and 174-86.F. of the Zoning By-laws for permission to construct a new dwelling within the ACEC and to vary the front yard 'I setback requirements on property located in an R-3 zoning district at 133 Tide Run (Map 120 Block 180) Mashpee, MA. (Owner of record: P & S Goldstein Family Trust). I The Zoning Board of Appeals voted unanimously on April 28, 1999 to grant the requests for Variance. On August 23, 1999,the Zoning Board of Appeals received a request from Cape &Islands Engineering on behalf of the applicant who is seeking a Modification to the Variance, V-99-24. The Zoning Board of Appeals voted unanimously on September 22, l 1999 to grant the Modification to the Variance, V-99-24. ill On April 12, 2000,the Board received a letter from Lewis and Lewis,Attorneys at Law, on behalf of the applicant requesting an extension of the above-referenced Variance. Abutters Mark Gorstein and Susanna Lannik Gorstein filed an A �! Ab Appeal of the Modification to Variance,V-99-24, which is still pending in Barnstable Superior Court. The Department of Environmental Protection denied the Gorstein's appeal. Mr. and Mrs. Gorstein have now requested an Adjudicatory Proceeding before the Department of Environmental Protection. Because of these appeals,Mr. and Mrs. Frederick R. Glass have been unable to obtain a building permit. f At the Public Hearings on April 26, 2000,the Zoning Board of Appeals voted unanimously to grant the extension of the Variance,V-99-24, for a period of six months. This was allowed in compliance with Massachusetts General Laws Chapter 40A, Section 10,which reads "If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse;provided,however,that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further,that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period". The Board received a letter dated September 13, 2000 from Lewis and Lewis on behalf of the Petitioners requesting another extension of the above-referenced Variance. At the Public Hearings on October 4, 2000,the Zoning Board of Appeals voted unanimously to Deny the Request for a second Exte�n,pf, e >�orenced Variance.