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05/09/2001 ZONING BOARD OF APPEALS Minutes
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05/09/2001 ZONING BOARD OF APPEALS Minutes
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Mashpee Zoning Minutes—May 9, 2001 11 <br /> Board of Appeals <br /> Mr.Eynation insisted that plantings could be installed on the easement and that if the <br /> pipe has to be accessed,the plantings would have to be disturbed. Mr.Nelson said that <br /> the Board would not be comfortable disturbing the easement in any way without <br /> consulting the exact terms and language of the easement. Mr.Nelson said that the Board <br /> would leave the easement clear. Mr. Eynation repeated that plantings on the easement <br /> are allowed. <br /> i ' <br /> Messrs.Nelson and Guerrera suggested to Mr.Eynation that he should consider putting <br /> more plantings on his property. Mr. Eynation said that it was not up to him since he "is <br /> not asking for a Variance". <br /> After much discussion,Mr. Eynation spelled out exact numbers and details of the amount <br /> of privacy screen and plantings that he wants. He asked again why the deck could not be <br /> installed on the front of the house. Mr. Govoni said that the floor plan really didn't allow <br /> for construction of the deck on the front of the house. Mr.Eynation commented that <br /> "that's the problem with applying for a Variance once the house has been built". He also <br /> said that"it's all about communication". <br /> Mr.Regan repeated that the Board wants Mr.Eynation to be happy. <br /> Mr. Eynation said that he does not understand why the Petitioner did not approach his <br /> neighbors about the Petition. <br /> Mr. Govoni said that Mr. Eynation was approached but he refused to disclose the location <br /> of his well and septic system. Mr. Eynation replied that he"talked to Rob Mills, and I <br /> said: `All you have to do is,there's a lot right in between my brother and I. All you have <br /> to do is sell it to me at a reasonable price,maybe below market value, and all your <br /> problems would go away". Mr. Brem asked if Mr.Eynation intended that statement the <br /> way it sounded—like a threat. Mr.Eynation said that the lot could have been sold to him <br /> without going through a Realtor. I <br /> Mr. Eynation said that"if'(?)wasn't handled properly. He also said that he informed <br /> Attorney Rob Mills "you do what you're gonna do, but don't ask me for anything. And I <br /> haven't bothered anybody until somebody asks for something". He further said that he <br /> did not appreciate being ignored by the Petitioner and that the Petitioner oner <br /> should have <br /> gotten all the abutters together and talked to them about his proposal. <br /> The Board received a fax from Attorney Mark C. Gildea on behalf of abutters,Mr. and <br /> Mrs. John Harrington. The fax indicated that the Harringtons"enjoy the benefit of a ten <br /> 00')foot Easement over Lot 1551"and that they"do not object to the requested Relief, <br /> so long as the installation of the deck does not interfere with their use of the Easement". <br /> I <br /> No other comments were received from abutters. <br /> Mr.Nelson moved to grant the Variance of 4 feet from the rear setback requirements, <br /> subject to the following: <br />
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