1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

Home Browse Search

Board of Appeals Minutes July 12, 1989 Page 5. • W. Hanrahan expressed the economic damage is to both sides. Mr. and Mrs. Quinn are claiming they do. On the other hand the original petitioner can also maintain that they have since they applied through the Town. Mr. Hanrahan stated that he would like to look at•the property. Mr. Makunas moved to take this under advisement. W. Hanrahn seconded. All agreed. C. Hawver explained to Mr. Quinn that the Board of Appeals needs to go out and look at the property to do what they need to do. He will be notified by mail the decision that is made. John Sullivan - (Owner of record: Morton j. Hanley TR) Requests a Variance under Section 11 A.6 of the Zoning By - laws for permission to enter within the 100 foot zoning setback requirements of the Mashpee River in an R-5 zoning district on property located at 47 Redwood circle (Map 27, Block 99) Mashpee, Ma. (Lot 14, Mashpee Shores Realty Trust) pursuant to an application and an appeal to the Barnstabla.Superior court (Doc. No. 87-1178) this application was remanded to the Board of Appeals for the purpose of reopening the Public Hearing on this matter. • Members sitting: Michael Makunas, William Hanrahan, Richard Halpern Kevin Kirrane represented Mr. Sullivan. Mr. Kirrane stated that this matter is here upon remand of the Superior Court. Mr. Kirrane did represent Mr. Sullivan befor the Board in 1987. on December 9, 1987 the Board of Appeals denied Mr. Sullivans variance request for the placement of the structure within 100 feet of the Mashpee River. At this time and what reflected in the Board of Appeals decision the basis for the denial were on the concerns raised by the Conservation Commissionrelative to the drainage problem that existed. Obviously following the denial of the variance request an Appeal to the Superior Court was filed. This appeal has been pending. Subsequently in an effort to address some of the issues that were raised by the Conservation Commission, they have pursued a remedy for those enviromental concerns. On April 6, 1989, .an order of conditions issued from the Conservation Commission, which address the enviromental issue and drainage issue was brought forth in the initial Public Hearing. Mr. Kirrane presented the conditions for the files. At this time, they would like to take the appropiate action to reverse the Boards earlier decision to grant the variance relief because they have had a dwelling sitting there for approx. 1� years. • Abutter Dirctly across the street stated that their concern was that somewhere along the line there is going to be a disaster. He is all in favor.