12/12/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—December 12, 2001 11 Board of Appeals After some discussion, the Board requested Mr. Wheeler to seek Town counsel opinion of Section 174-20 of the Zoning By-laws regarding Rebuilding of destroyed or damaged non-conforming structures, specifically application of the phrase "or otherwise". The I LI Board also requested Mr. Wheeler to seek Town Counsel opinion as to whether or not Petitioners need ZBA approval on Modifications under conditions similar to Mr. Hatcher on Elliot Road. Mr. Nelson that the Board is limited on what it is authorized and empowered to grant and that the purpose of the Board is not to obstruct or prevent residents from doing things within their right to do. Mr. Borgeson expressed his frustration over the fact that p many Petitions before the ZBA � are a result of changes in the By-laws that have been adopted at Town meeting. Town meeting changes the zoning and then people Petition the ZBA to grant Variances to overturn the changed zoning. Mr. Brem said that two of the Petitions heard tonight, Lazarovich and Bruneau, are of particular concern to him. He asked under what authority the ZBA could render decisions and reverse the combining of lots by the Assessing Department. He asked what the Board could do about lots that have been combined, at the request of the owner, but that appear as separate and buildable on a recorded plan. Mr. Brem asked if/why the Board should rant Variances just to allow an individual to make more money and whether the Board has the authority to do so simply because an individual changed his mind about combining two lots. Mr. Brem said that anyone could combine lots to save on taxes and then plead with the ZBA to separate the lots when they decide to sell. He it said that Massachusetts General Laws clearly defines the Board's obligations and authority. Salrama, Inc. —Request for release of Landscape and Performance Security. At the Public Hearings on April 14, 1999, the Zoning Board of Appeals required Salrama, Inc. to post a Landscape and Performance Security in the amount of$5,000. On November 14, 2001, the Board received a fax from Salrama, Inc. requesting release of i the Landscape and Performance Security. The Board received a memo dated December 10, 2001 from Building Commissioner Russell W. Wheeler recommending release of the securityas a result of the Petitioner's compliance with the conditions set b the Board p Y and detailed in Special Permits, SP-99-33, SP-00-82 and SP-01-37. Mr. Nelson moved to grant release of the above-referenced Landscape and Performance Security. Mr. Brem seconded. All agreed. I Meeting was adjourned at 10:00 P.M. Vectfu ly submitted, t is BartosA " Administrative Secretary I I