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I - <br />• <br />TOWN OF MASHPEE <br />Board of Appeals <br />Minutes <br />Wednesday, January 20, 1993 - 7:30 P.M. <br />The Mashpee Board of Appeals held a meeting at the Mashpee <br />Town Hall on Wednesday, January 20, 1993 at 7:30 P.M. Board <br />members present and acting throughout were: John J. Friel, <br />Chairman; Michael A. Makunas, Vice Chairman; Edward M. Govoni, <br />Clerk and Jamie Regan, Associate Member. Town Counsel Elizabeth <br />Lane and Building Inspector William F. Hauck werealso present. <br />Absent were Associate Members Cheryl A. Hawver and Arnold D. <br />Mindick. <br />Mr. Friel explained that the Board had no public hearings <br />scheduled and asked the members if they wished to.discuss current <br />applications or questions in the law. The Board agreed that <br />they would discuss broad questions on the by-laws and would <br />not discuss active applications. <br />Ms. Lane distributed some material on legal opinions. <br />Mr. Friel reviewed a letter from the Cape Cod Commission <br />• which the Town Planner had provided. The letter was addressed <br />to Mr. Friel but had not been received by the Board of Appeals <br />office. The letter stated the necessity of suspending the Board <br />of Appeals hearings until a decision from the Cape Cod <br />Commission. <br />Ms. Lane quoted section 12H of the Cape Cod Commission <br />Act which states that an application must be suspended. She <br />said that a suspension is different from a continuance. In <br />a continuance a date certain is announced for additional <br />testimony. Mr. Makunas asked if 40A and the Cape Cod Commission <br />Act had equal authority and Ms. Lane confirmed that they did. <br />Ms. Lane read the section 12H which states that the <br />suspension of municipal agency review shall extend all <br />constructive grant periods ... for a period equal to Commission <br />review. She suggested a Board could schedule a hearing early <br />and then suspend. Mr. Friel explained that the Board had heard <br />a Variance application from Fields Point on January 13, 1993 <br />and taken it under advisement. Ms. Lane advised that in the <br />future it might be preferable to continue the hearing and to <br />suspend. She said they would probably have new information <br />after the final Commission decision. <br />Mr. Doug Storrs of Fields Point entered the hearing and <br />said he wanted to apologize for. the confusion on the Variance <br />. and Special Permit applications he had filed. He said they <br />had been filed on advice of counsel. He said it made sense <br />