09/26/2007 ZONING BOARD OF APPEALS Minutes

Home Browse Search

• made. The Board discusses what the outcome of a 3-2 vote means. Does the Board need 4-1 or is majority acceptable. This will be discussed with Town Counsel as to what a 3-2 vote to Deny the Motion means. The Board believes that the Motion to Deny is carried therefore not allowing the applicant to have the Special Permit to open the skin care place. After meeting with Town Counsel it was determined that 4 affirmative votes must be given to approve a motion. Therefore, although the motion was made to "deny" there were still not 4 affirmative votes. The Motion to Deily is Carried. The Board determines by their voting that there is not enough criteria to grant a Special Permit in this instance. Holidav Pools: Requests a Variance from Section 174-31 of the Zoning By-laws to seek setback relief on a pool that was incorrectly installed and previously granted a variance on property located in an R-3 zoning district at 53 Tobisset Street (Map 38 Parcel 23) Mashpee, MA. Owner of Record: Heather Puopolo Sitting: Robert Nelson, Zella Elizenberry, Jonathan Furbush, James Reiffarth and George • Bolton. Walter Zerosky represents the applicant at this hearing. A variance was previously issued to Heather Puopollo to install an in -ground pool. Upon the Building Inspector getting an asbuilt from applicant it was determined that the pool was not within the variance granted. In fact, the Pool Company measured from the edge of pavement to the lot line instead of the lot line. Now it is 8 feet closer to the street. The variance was for 15 feet due to the burden of two frontages. He is now looking to rectify the situation by asking the board for a 23 foot variance due to his mistake. Mr. Nelson informs Mr. Zerosky that measuring something like that and doing it from the edge of pavement is very unprofessional and it they allow this pool to come so close to the street it will open a Pandora's box for previous applicants. The ZBA is currently involved in a lawsuit with something similar to this matter and would like the outcome of that trial before they render a decision, if they do at all. They are included to have him tear out the pool. They all agree it was a mistatake however, it still has to be dealt with in a fair position for the community. They agree to continue the matter until November 28°i in the hopes that this runs out before they can get the outcome of the pending trial on the pool. All agree. Motion is Continued until November 28, 2007 0