03/14/2001 ZONING BOARD OF APPEALS Decisions

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L Mashpee Zoning Mark& Susana Gorstein A-01-25 2 Board of Appeals At the Public Hearings on September 22, 1999,the Zoning Board of Appeals voted 14 unanimously to grant the Modification to Variance V-99-24. B The Modification to Variance V-99-24 was appealed by abutters. Because of the pendency of the appeal in Court,the Board received a letter on April 12, 2000 from Attorney Herbert D. Lewis on behalf of the applicant requesting an extension of the Variance. At the Public Hearings on April 26, 2000,the Zoning Board of Appeals voted unanimously to grant the extension to the Variance,V-99-24, for a period of six months. On May 31, 2000, Barnstable Superior Court remanded the matter to the Zoning Board of Appeals. A Public Hearing was scheduled for June 28, 2000 for Reconsideration of the September 22, 1999 Approval of the Petitioner's request for Modification on Variance V-99-24 upon Remand from Barnstable Superior Court for permission to construct a new dwelling within the ACEC on property located in an R-3 zoning district at 133 Tide Run. The Zoning Board of Appeals received a letter dated June 15, 2000 from Attorney Herbert D. Lewis on behalf of the applicants requesting a Withdrawal for a Modification of Variance V-99-24. At the Public Hearings on June 28, 2000,the Zoning Board of Appeals voted unanimously to accept the request for Withdrawal Without Prejudice of the Petition for a Modification to Variance V-99-24. The Board also voted unanimously to Deny Without Prejudice the Petition for a Modification to Variance V-99-24. Former Building Commissioner William F. Hauck initially denied to issue a Building Permit for 133 Tide Run. After consultation with Town Counsel,Mr. Hauck reversed his decision stating in a letter dated December 13, 2000 addressed to Attorney Kirrane: "I will issue a building permit for a house meeting the original approved plans of the Board of Appeals Special Permit, Board of Health requirements, Conservation Commission requirements,the height requirements in effect at the time and the building code". The Building Permit was issued on February 27, 2001. I Attorney Roberts said that based on the average original grade,the site plan shows that elevation of the proposed construction would be in violation of the 35-foot height restriction and would require a Variance from the By-laws. Attorney Kirrane said that the Glass family has no desire to exceed the height restriction with the proposed construction. Attorney Roberts referred to Section 174-21.LA of the By-laws and stated that "for new residential construction in excess of 1,000 square feet, which this is,that there be a system of stormwater management and artificial recharge. And Section 174.21.LC says that the Building Inspector shall require the submission of sufficient plans and specifications to demonstrate the location and nature of stormwater facilities".Attorney Roberts stated that she was told that such a plan does not exist. Members of the Board,Building Commissioner Russell W. Wheeler and Attorney Kevin M. Kirrane stated that they would be very surprised if the Conservation