08/01/1990 PLANNING BOARD Minutes

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I I' h: MASHPEE PLANNING BOARD MEETING MINUTES August 1, 1990 Meeting commenced at 6: 30 P.M. Members Present: Judy Mills, Wayne Garrett, Louise Behrman, f Tony Ferragamo, Pat Coffey 4 Board Items Applicant: Bradford Wheatly/by Dan Buckley of New Seabury Construction Co. Location: 11 Tide Run Request: vote to authorize resubmission of variance request to Board of Appeals which was previously denied with prejudice. Louise stepped down because it had been before the Conservation Commission. ' Dan Buckley was present representing the applicant. He explained that the Board of Appeals denied a variance for a swimming pool . He must ask the Planning Board' s approval to go back to the Board of Appeals. There is a hardship involved.. Tom explained that the only way they can go back to the Board of Appeals within 2 years' is to prove that there is a significant change from the previous application,. The plan he presented to the Planning Board for resubmission z to the Board of Appeals was the same as the original submittal . He stated that that it was not explained to h+m that way by ; the building inspector, it was just a technicality to come~ back to Planning Board. Tom read the by law and determined that public notice and a public hearing must also be held. Mr. Buckley stated that it wasn' t brought up at the last meeting that there was a hardship involved. Judy stated it will be difficult to prove to her that a pool is a hardship. Judy stated that the basis of the Planning Board' s decision will be a significant change to the original proposal. , He could also try to get legal counsel regarding whether a pool is a structure, as the building inspector says it is . Release of Performance Guarantee Applicant : Larry Nickulas Location: Piml-ico Heights Request: Relaase of $10,000 held as guarantee . 1 _