05/09/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 9, 2001 4 Board of Appeals Mr. Govoni offered a suggestion on how to reduce the size of the screen porch and the deck area. Attorney Kirrane said that the suggestion was not possible because the of the location of the septic wall. i Mr.Nelson asked for the overall height of the proposed construction. Mr. Govoni said that a building permit would not be issued if the height is above the allowed 35 feet. Mr. St. Pierre said that the height is approximately 34' 3/a". Mr. Regan moved to grant the following Variances: • 14.6 feet from the border of vegetated wetlands. • 20 feet from the current front setback requirements. • 27,865 square feet from the land space requirements. • findings: 1, 2, 3 and criteria 1, 2, 3, 4,that the Conservation Commission and the Board of Health have approved the proposal, special septic system would be an improvement. i Mr.Borgeson seconded. All agreed. Mark& Susana Lannik Gorstein—Request an Appeal of the Building Commissioner's { Issuance of a Building Permit to allow for construction of a single-family home on property located in an R-3 zoning district at 133 Tide Run(Map 120 Block 180) { Mashpee, MA. Owner of record: Frederick R. &Lois S. Glass. Sitting: Edward M. Govoni, Frederick R. Borgeson and Marshall A. Brem. Messrs. Govoni and Borgeson asked why the Petition was back before the Board when it was Denied With Prejudice at the Public Hearings on March 28, 2001. Mr. Glass said that he feels as though he is being harassed. Mr. Govoni expressed frustration at the ongoing court battle with the Petitioner. Mrs. Glass expressed her displeasure at the fact that this has been going on for years. Attorney Jennifer Roberts represented the Petitioner and said that this Appeal is to correct a procedural issue. She said that the Petitioner's previous attorney filed an Appeal of the Building Commissioner's letter saying that he would issue a building permit. Attorney Roberts said that that was technically incorrect. Now that the building permit has been issued,this Appeal is against the actual issuance of the building permit. Attorney Roberts said that she is not interested in repeating everything that was said and done at the March 28 Public Hearings. She said that she expects the Board to Deny with Prejudice the . Appeal. Attorney Kirrane agreed � pp that the Petitioner has the right to this Appeal. He said that the Petitioner's previous counsel was in error to Appeal the Building Commissioner's letter and that litigation should not have been filed against the ZBA. Attorney Kirrane said that the actual issuance of the building permit is an act of the Building Commissioner and that the Petitioner is now undoing what the previous attorney started. Attorney Kirrane said that the Building Commissioner was right in issuing the building permit and asked the Board to uphold his Decision. ii