1996-1998-APPEALS MINUTES - Laserfiche WebLink

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v T TOWN OF MASHPEE Board of Appeals Minutes Wednesday, May 27, 1998 The Mashpee Board of Appeals held a meeting on Wednesday, May 27, 1998 at 7:30 P.M. at the Mashpee Town Hall. Board members present were Edward M. Govoni, Chairman; James E. Regan III, Vice Chairman; Cheryl A. Hawver, Clerk and Associate Members Robert G. Nelson and James M. Dorgan. Associate members Richard Guerrera and Michael A. Makunas were absent. Building Inspector William F. Hauck was in attendance. Robert H. Plugge -Requests a Variance from Section 174-26A of the Zoning By-laws for permission to vary the development phasing requirements on property located in an R-5 zoning district at 19 Fern Gully Pass (Map 79, Block 94) Mashpee, MA. Eugene J. Smith -Requests a Variance from Section 174-26A of the Zoning By-laws for permission to vary the development phasing requirements on property located in an R-5 zoning district at 15 Fern Gully Pass (Map 79, Block 94)Mashpee, MA. Robert H. Plugge - Requests a Variance from Section 174-26A of the Zoning By-laws for permission to vary the development phasing requirements on property located in an R-5 zoning district at 20 Fern Gully Pass (Map 79, Block 93)Mashpee, MA. The Board determined that the above three applications would be heard together. Mr. Regan stepped down. Members sitting: E. Govoni, C. Hawver, R. Nelson Attorney Schilling represented the applicants and suggested that the Building Inspector be overruled. Mr. Govoni disagreed and stated they needed a Variance because there is a zoning by- law on development phasing. Mr. Govoni read a letter from the Child's River East Residents Association in support of the Variances as they would like the development completed. Mr. Schilling said he thought the finding could be made that it was the completion of the 1985 subdivision and was a unique circumstance because of the access road. Keith McNamee, an abutter, stated they would like the project completed. Mr. Govoni said that the applicant has had the expense of the Planning Board, attorney's fees etc. and should be allowed to build. Ms. Hawver moved to grant the Variance for the following: 15 Fern Gully Pass (Map 79, Block 94) 19 Fern Gully Pass (Map 79, Block 94) and 20 Fern Gully Pass (Map 79, Block 94). She made the following findings: 1. A literal enforcement of the Zoning By-law would result in hardship to the petitioner 2. Relief can be granted without detriment to the public good 3.