12/12/2001 ZONING BOARD OF APPEALS Minutes

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{ f, Mashpee Zoning Minutes—December 12, 2001 Board of Appeals 5 PUBLIC HEARINGS I Kenneth L. Hatcher—Requests a Modification of a Variance, V-00-212, to allow for I ' construction of an outside stairway to an existing dwelling on property located in an R-3 zoning district at 20 Elliot Road (Map 118 Parcel 115) Mashpee, MA. b Sitting: Robert G. Nelson, Frederick R. Borgeson and Marshall A. Brem. ti At the Public Hearings wrings on January 10, 2001, the Board granted the Petitioner a V of 11 feet from the side setback requirements Variance nts to al `` . q low for constgarage. � ruc ti on of a � The plan approved by the Board did not show the proposed construction of an otside ±y'} stairway leading to the garage. The Building Commissioner told the Petitioner to requestTI the ZBA for a Modification to the original Variance to allow for the addition of the outside stairway. N Messrs. Brem and Nelson said that they both visited the site. Mr. Brem asked i ' I i f the outside stairway would either encroach further on the side setback or would increase the lot coverage. Mr. Hatcher represented his Petition and stated that there would be no increase in Variance relief being sought and that the stairway would not encroach any further on the side setback. Mr. and Mrs. Paul Bucuvalas, abutters at 16 Elliot Street, said that they sent the letter to Building Commissioner Russell W. Wheeler and expressed theirs concerns with r construction of the garage on the property located at 20 Elliot Road. Mr. Bucuvalas claimed that the plans approved b the Board in pP Y January are totally different from what I , has been built. He submitted photos of the subject property and said that Mr. Hatcher has misled his neighbors and the Board. Mr. Bucuvalas went to court and sought a reversal j of the Variance granted by the Board in January. The result of that litigation was a denial and dismissal of the suit by the Judge. One of the complaints that Mr. and Mrs. Bucuvalas filed was that the ZBA sent notification of the Public Hearings Notice to a Mashpee address that does not get mail delivery. The ZBA office notified Mr. and oMrs. Bucuvalas that it is their responsibility to provide the Town with the proper mailing address. The ZBA office obtained a Walpole address from an attorney working on behalf of the Bucuvalas' because they have still failed to provide the Assessing and Tax Departments with their proper mailing address. Mr. Bucuvalas as sa' �. • id that the plans have been modified and that he never received copies P I ; , I of the modification to the original plans. Mr. Brem corrected Mr. Bucuvalas and said that r the ZBA "does not deal with specifics of plans and what has been built"and that"this Board deals with the top view" of any proposal. Mr. Borgeson told Mr. Bucuvalas that remedy to any legitimate opposition to a ZBA decision is through the courts or through the Building Commissioner. Mr. Bucuvalas said that he sent a letter to the Building Commissioner with his concerns, including what he considers to be the construction of french doors and a dormer on the addition. Mr. Bucuvalas said that he is under the impression that Mr. Hatcher intends to use the garage for living space, not for storage space. Mr. Borgeson reminded Mr. Bucuvalas that what "we're concerned with this I' i