4/9/2003 ZONING BOARD OF APPEALS Minutes

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1 J VAIN 1p Town o Mash ee f P * MASHFEE ZONING BOARD 1 AP 16 Great Xeck 1(oad Xorth } BU 1 �` Variance Decision o RE: Calico Deal Estate Limited Partnership 81 Nick Owner: Donald and Kathleen Funny Map 117 Bloch 99 V- -4 A Petition was filed on March 11, 2003 by Calico Real Estate Limited Partnership of Holliston, Massachusetts for a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the side and rear setback requirements,ents, the lot coverage requirements and the setback requirements to water and wetlands to allow for construction of a single-family home on property located in ars R-3 zoning district at 81 Nick Trail (Map 117 Block 99) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts general Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on March 14, 2003 and March 21, 2003, a copy of which is attached hereto and made a part hereof. Public Hearing was held on the Petition at the Mashpee Town Fall on Wednesday, April 9, 2003, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Marshall Brem and Z lla B. Elizenberry. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A Section 10 and the Town of Mashpee Zoning By-laves. Mr. David Sanic i of Cape & Islands Engineering represented the Petition. The property In question refers to an expired Variance V-00-219. Cape and islands Engineering states that a misunderstanding ofwhen the actual expiration ofthe Variance had taken place. Petitioner had obtained a building permit with the assumption that h was still under the old variance. Building Commissioner Fussell Wheeler informed the