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Mashpee Zoning Minutes—April 11, 2001 9 <br /> Board of Appeals <br /> would not encroach on the setbacks any further than the existing deck. Mr. Kovary <br /> submitted photos of the property. <br /> Mr. Wheeler said that the deck was built in violation of the By-laws and that the Building <br /> Department has cited the Petitioner several times. Mr. Brem questioned if the Petitioner <br /> ever received a Variance for the deck. Mr. Wheeler replied that he has not. <br /> Mr. Borgeson stated that he visited the subject property. <br /> Ms.Elizenberry questioned the percentage of lot coverage with the proposal. Mr. Kovary <br /> claimed that lot coverage would conform to By-laws. Mr.Nelson commented that the <br /> existing shed is included in the lot coverage. Mr. Brem said that it appears as though the I <br /> proposal would be over the allowed 20% lot coverage. <br /> III, <br /> Mr.Kovary stated that one section of the deck would be removed and a 13x14-foot <br /> dining room would be constructed. <br /> I <br /> Mr. Gar Crowell <br /> Gary , a direct abutter at 25 Jeep Place, addressed the Board and submitted a <br /> letter objecting to the proposal based on the following: <br /> • Petitioner has failed to provide evidence of a "substantial hardship" due to <br /> soil condition, shape or topography of the land. <br /> • that there is "suitable space behind the house,not in either the side setback or <br /> the rear setback area"to construct the dining room. <br /> • "requests such as this are precisely the reason that we have zoning laws" and <br /> i <br /> that"this request clearly mocks and derogates the intent and purpose of not <br /> only the Mashpee Zoning by-laws, but of the variance process itself'. <br /> Mr.Borgeson read a letter from Mr. John F. Woods, Jr., a direct abutter at 24 Elliot Road <br /> in opposition to the project. <br /> I <br /> II <br /> III� <br /> Mr.Kovary stated that Mr. Crowell constructed a"spite fence" on his property. He also <br /> stated that Mr. Woods would not be impacted by construction of the dining room. <br /> i. <br /> Mr. Ozolins stated that his wife refuses to retire to Mashpee until a dining room is added <br /> to their home at 23 Jeep Place. <br /> I II� I <br /> Mr.Regan said that the Board takes abutters' input very seriously and expressed concern <br /> that the opposing abutters would take the Board to court if the Board granted a Variance <br /> based on the fact that the Petitioner wants to build a dining room so that he can retire to j <br /> Mashpee. Mr. Regan suggested that the Petitioner talk to his neighbors and get letters in I j <br /> support of theproposal. <br /> I <br /> Mr.Brem said that the Board.grants Variances based on"hardship". <br /> Mr. Ozolins requested and received a copy of the abutters' list. I' <br /> II <br /> II "' <br /> I <br />