03/28/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—March 28, 2001 5 Board of Appeals determined in December 2000 to grant a Building Permit to Mr. and Mrs. Glass. The Building permit was issued in February 2001. Attorney Roberts submitted to the ZBA an Appeal of the actual issuance of the building permit. She was informed to file the Appeal with the Town Clerk. Attorney Kevin M. Kirrane represented Mr. and Mrs. Glass. Attorney Roberts went into a lengthy dissertation of the background of the subject property. A Petition was filed on March 5, 1999 by Fred Glass of Jupiter, Florida 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 setback requirements on property located in an R-3 zoning district at 133 Tide Run. The Zoning Board of Appeals voted unanimously on April 28, 1999 to grant the Variance and allow the applicant permission to construct a new home within the ACEC. �I I II On August 23, 1999 the Zoning Board of Appeals received a letter from Cape &Islands Engineering on behalf of the applicant for a modification of Variance V-99-24. At the Public Hearings on September 22, 1999,the Zoning Board of Appeals voted unanimously to grant the Modification to Variance V-99-24. The Modification to Variance V-99-24 was appealed by abutters. Because of the endenc of the appeal in Court the Board received a letter on April 12 20 pendency pp � 00 from P � 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 j 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 of Pp Board 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. The building permit was issued on February 27, 2001. i