2012-Annual Town Report - Laserfiche WebLink

Home Browse Search

i contingent upon the Plaintiff producing a letter from Report of the abutters stating that the proposed reduction in size Town Counsel and relocation of the shed is acceptable. Krock v.Zoning Board of Appeals To the Honorable Board of Selectmen and the Land Court Case NO.395229 Citizens of the Town of Mashpee: This case involves a property owner's appeal pursuant to G.L.c.40A,§17 from the Board's denial of a In calendar year 2012,Louison,Costello,Condon Special Permit and a Variance with regard to the proposed and Pfaff,LLP filed appearances on behalf of the Town reconstruction of a dwelling on the property located at 4 in pending court proceedings, provided legal advice Cross Street. The matter was remanded to the ZBA for and opinions to the Board of Selectmen,Town Manager further public hearing in September 2012,whereupon the and other Town officers,boards and agencies on matters Board once again denied the requested relief.A trial in the relating to Town Meeting, municipal contracts/ Land Court has been scheduled for April 4,2013. agreements, leases/ real estate, zoning/building code enforcement, tax assessment and tax collection, Mashpee v.South Cape Resort and Club Association personnel administration/ employment issues, zoning Land Court Case No.MISC 381213 variance/ special permit proceedings, development of This is a Declaratory Judgment action to determine solar energy generating facilities on Town property,and the rights and responsibilities of the parties relative to a other general legal issues. parcel of land located at 966 Falmouth Road (Lot 2), Mashpee. The Defendant filed Counterclaims against A summary of the pending and resolved litigation the Town for Declaratory Judgment and Injunctive in which the Town has been engaged from January, Relief. The parties have filed Cross-Motions for 2012 to the present is set forth below. Summary Judgment with the Land Court. The Cross- Caffyn,et al.v.Board of Selectmen Motions for Summary Judgment were argued on Barnstable Superior Court Case No BACV 2011- December 2, 2012. We are currently waiting on a 00219 decision from the Land Court. This action asserts an administrative agency Mashpee Building Inspector/Zoning Agent appeal under G.L. c.30A and seeks declaratory relief v.Tragiannopolous relative to a grant by the Board of Selectmen of a Barnstable Superior Court C.A.No.2011-00248 shellfish aquaculture license to Richard J. Cook This case involves a zoning violation/enforcement allowing him to conduct aquaculture activities within a action pursuant to the provisions of G.L.c.40A,§8 and one acre area adjacent to Popponesset Island.This case the Town of Mashpee Zoning Bylaws relative to was dismissed by stipulation of the parties on January property located at 593 Main Street. The Complaint 27,2012. was served upon the Defendant on May 12,2011. The Citibank,N.A.v.Tami F Zine; Defendant filed an Answer to this action on June 1, Town of Mashpee,Trustee 2011. This matter is currently under review in Falmouth District Court No.1289 CV 0026 conjunction with the related action noted below for final Citibank filed a Motion to Have Trustee Town disposition and/or settlement. Pay over Funds Held and to Pay over Funds on a Mashuee Fire Chief v Tragiannopolous Continuing Basis. A response was filed on behalf of Barnstable Superior Court C.A.No. the Town and a hearing will be scheduled imminently on said Motion. This is an enforcement action pursuant to the provisions of G.L. c. 148, whereby the Fire Chief is Dunne v.Zoning Board of Appeals seeking a declaration as to the enforcement rights and Barnstable Superior Court C.A.No.09-0585A obligations of the parties, and an order of this Court This matter is an appeal of the Zoning Board of compelling the Defendant to comply with the Fire Appeals' denial of an application for a special permit Chief's Cease and Desist Order, issued on March 14, for lot coverage/density relief with regard to a shed 2012, ordering the Defendant to forthwith cease all erected at the property located at 167 Wading Place vehicle refinishing,painting and/or spraying operations Road. The parties have agreed to settle this matter and the use and storage of any flammable materials that 166