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Mashpee Zoning Minutes—May 9, 2001 9 <br /> Board of Appeals <br /> The Board received a letter dated May 1,2001 from Cape &Islands Engineering on <br /> behalf of the Petitioner requesting a Withdrawal Without Prejudice of their Petition. <br /> Mr. Govoni moved to accept the request for Withdrawal Without Prejudice of the <br /> above-referenced Petition. Mr.Nelson seconded. All agreed. <br /> Douglas J. &Kimberly L. Adams—Request a Variance from Section 174-31 of the <br /> Zoning By-laws for permission to vary the rear setback requirements to allow for <br /> extension of a deck on property located in an R-3 zoning district at 3 Westwood <br /> Road(Map 117 Block 392)Mashpee, MA. j <br /> I <br /> Sitting: Robert G.Nelson, Zella E.Elizenberry and Marshall A. Brem. Mr. Govoni <br /> stepped down. <br /> I <br /> Mr. Edward M. Govoni represented the Petitioner and stated that the proposed deck <br /> would encroach on the rear setback requirements by four feet. Mr. Govoni stated that <br /> a 10-foot easement exists because one of the abutters refused to indicate the location of <br /> his septic system. He stated that the proposed construction would maintain a distance <br /> of one foot from the easement. <br /> Mr. Gary Eynation, an abutter and owner of property at 59 Uncle Edward's Road,read a <br /> letter from his lawyer,David R. Harsch. Mr. Eynation claimed that he did not receive <br /> notice of the application for a Variance. However,he did attend the meeting. The letter <br /> expressed opposition to the proposal claiming that it would"have adverse and negative <br /> effect on his property and could cause harm to his privacy and property value. <br /> Accordingly he will vigorously oppose any such issuance to the fullest extent allowable <br /> by law". Mr.Eynation concluded that he would be amenable to meeting with the <br /> Petitioner to discuss "fencing or shrubbery options which may buffer the negative <br /> effects". <br /> Mr. Govoni informed the Board that Mr. Eynation is the abutter who refused to tell his <br /> neighbors the location of his septic system;thereby forcing his neighbors to run a long <br /> pipe in order to have their septic systems installed and accessed. <br /> Mr.Regan verified that Mr.Eynation is on the certified abutters' list and verified the <br /> correct mailing address. Mr.Eynation said that his family has interests in three properties <br /> in the area. He said that in the past other owners of properties in the area seeking <br /> Variance relief have approached his family prior to their application to the ZBA. Mr. <br /> Eynation said that the Petitioner never approached him and never showed him any plans <br /> prior to this hearing. He said that the 15-foot rear setback requirement is close enough. f <br /> Mr.Borgeson asked Mr. Eynation exactly what he wanted. Mr.Eynation said that he <br /> wanted the Board to deny the Variance request. ' j <br />