Laserfiche WebLink
to <br /> ns t�b..�Iti <br /> Mashpee Zoning Minutes—October 4, 2000 7 <br /> Board of Appeals <br /> Attorney Gildea said that the Petitioner is sincere in his attempts to correct the mistake. „ r, <br /> He said that Mr. Kelley should understand that individuals do make mistakes and that the <br /> Conservation Commission cited Mr. Kelley in the past for a violation of filling in his <br /> property. <br /> Mr. Govoni confirmed that people have discovered after construction that their building <br /> encroached on the setback requirements. Mr. Govoni said that the Board would not <br /> demand the Petitioner to tear down his house and has granted Variances after the fact. <br /> Mr. Govoni said that the Board encourages neighbors to get along with one another and ll� <br /> that the Board tries to make decisions to keep both neighbors happy. Mr. Govoni said <br /> that if everything was done strictly according to case law, it would make the Board's job <br /> easier, but would not necessarily be the best thing for everyone involved. IIIY. 'a <br /> Mr. Borgeson stated that he found it"aggravating" "you you build and then come to the <br /> Board". Attorney Gildea said that he agreed and asked for consideration of the fact that <br /> there was ongoing communication between the Building Department and the Petitioner, .� <br /> engineer, lawyer and builder concerning the safety issue. He apologized for the <br /> Petitioner's failure to come before the ZBA for approval of the change. <br /> Mr. Orsmond claimed that the Petitioner was well aware of the Variance process and that <br /> the Board should not grant a Variance simply because the deck has already been <br /> constructed. �o�,,�IN��,,, •�j <br /> Attorney Gildea and Mr. Kuchinski reminded the Board of the discrepancy of the <br /> architect's plans and the engineering plans that were submitted in 1999. Plans were <br /> re-submitted and the ZBA approved the project. v�nl,n���i��,,.1 <br /> Mr. Hauck said that the "edge of wetlands" is a flexible line that is determined by the f imt ll]" ,11 <br /> Conservation Commission. The ZBA has always demanded Conservation Commission W <br /> approval prior to its approval of projects in order to protect the wetlands. Mr. Hauck <br /> stated that the Petitioner could leave a 5 x 6-foot platform for one door with a set of stairs <br /> down to satisfy the Building code's definition of egress. He made other suggestions of <br /> how to resolve the issue. NIP,,'k''+ <br /> x.0 <br /> The Board members, Mr. Orsmond and Attorney Gildea agreed to visit the subject I;, <br /> property on Tuesday, October 10th, at 11:15 A.M. Attorney Gildea asked Mr. Kelley's ;,II <br /> representative for permission to go on Mr. Kelley's abutting property on October l Ot'. <br /> Mr. Orsmond said that he could not authorize that. <br /> Mr. Govoni moved to take the Petition under advisement until October 11, 2000 to allow <br /> members of the Board to make a site visit to the subject property. Mr. Regan seconded. <br /> All agreed. <br /> rF <br /> upgp <br /> pn ..IIIIM' <br />