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Mashpee Zoning Minutes--Oc <br /> tober 27, 1999 <br /> Board of Appeals G <br /> Mr. Hauck said he stated in his letter the re - <br /> anon that he denied the building permit was <br /> because the case was in litigation. Mr. H <br /> . . g Hauck said that he is not going to o against a <br /> decision made by the ZoningBoard of g g . <br /> Appeals. He also stated that the way to overturn r. <br /> decision made by the Board is to request decision. Y rturri a <br /> q the court to reverse the decision. Mr. Hauck ; <br /> also stated that the appeal was exactly . <br /> PP tly the same as the original application. <br /> . <br /> Mr. Regan stated that the Board w111 have t 'o continue the appeal until the court case is 4 <br /> resolved.or dismissed. r;q�,�±� <br /> i� <br /> Attorney Kiefer once again g said that the two issues are not the same. She <br /> confused that the Board w sand she was <br /> anted to continue the appeal because the real i <br /> ' ssue is whether <br /> or not the Litvack residence <br /> is a pre-existing, non-conforming structure. : <br /> all! <br /> • Regan stated that this issue will not be resolved tonight. <br /> Mr.Nelson moved to continue the hearing for . <br /> at least 90 days. Mr. Guerrera seconded. , <br /> All agreed. ; <br /> Edward and MarthLPalank: Request a Special <br /> q Permit under Section 174-17 of <br /> or permission to ex <br /> the Zoning By-laws f an <br /> p d a non-conforming structure with the <br /> ., <br /> addition of a deck on grope located in an - • <br /> � R 3 zoning district at 181 Daniel : <br /> Road(Map1��Block 39 s Island) <br /> Mashpee, MA. <br /> Upon motion duly made and seconded the Z <br /> Special� Zoning Board of Appeals voted unanimously <br /> on April 22, 1992 to grant the Variance and S ec' <br /> p Permit. <br /> A request was filed on October <br /> 20, 1999 by Edward and Martha Palank of Mashpee, <br /> Massachusetts for a minor modification to the a _Bove-referenced Variance V-92-29 and <br /> Special Permit SP-92-25. The applicants propose ' <br /> PP p pose to screen in the deck. <br /> e Conservation Commission has approved the project. ' <br /> Mrs. Palank represented the application. <br /> No comments were received from abutters. k <br /> Mr. Nelson moved to grant the minor modification ,to the Variance V-92-29 and Special <br /> Permit SP-92-2 S, refer to original Ian. Mr. P <br /> P Guerrera seconded. All agreed. <br /> whitefox LLB--Requests a _11 <br /> q Variance from Section 174-31 of the Zoning -la <br /> By-laws <br /> ws <br /> for permission to vary the rear setback requirements �to allow for constructionof a <br /> i <br /> pool on property located n an R-3 zoningdistrict at 108 ' <br /> waterline Dave South . <br /> (Map 125 Block 244)Mashpee, MA. <br /> Sitting: <br /> Robert G.Nelson, Richard T. Guerrera and Zella E. Eliz <br /> enberry. Mr. Regan <br /> stepped down and left the room. <br /> ot <br />