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RE: <br />Town of Mashpee <br />16 Great Neck qtoad North <br />fMashpee, Massachusetts 02649NG BOARD OF APPEAL <br />MASHPEE ZONING <br />Nicholas Ruocco, Jr. <br />Four Sons Realty Trust <br />Decision for a Variance <br />2 Pine Avenue <br />Map 123 Parcel 34 <br />V-05-17 <br />A Petition was filed on January 10, 2005 for a Variance from Section 174-31 of <br />the Zoning By-laws to vary the current setback requirements and landspace requirements <br />in order to rebuild a new dwelling on property located in an R-3 zoning district at 2 Pine <br />Avenue (Map 123 Block 34) Mashpee, MA. <br />Notice was duly given to abutters in accordance with Massachusetts General <br />Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br />a newspaper of general circulation on January 14, 2005 and January 21, 2005 a copy of <br />• which is attached hereto and made a part in the Town of Mashpee, on hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />Wednesday, February 2, 2005 at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: James Regan, Robert Nelson and Zella <br />Elizenberry, Jonathan Furbush and Frederick Borgeson.. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br />provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br />Mashpee Zoning By-laws. <br />John Slavinsky of Cape & Islands Engineering represents the petitioners at this <br />hearing. They are seeking relief from the setback requirements and landspace <br />requirements in order for them to rebuild anew dwelling on a non -conforming lot. Mr. <br />Slavinsky informs the board that this is a corner lot and the new dwelling will actually be <br />less non -conforming than what exists and a new septic system will be installed. Kathy <br />Rosenfeld, wife of applicant submits many letters in support of this project. However, <br />Mr. Nelson reads a letter in opposition from Mr. Sockbeson who resides at 3 Pine Ave. <br />He feels granting of any variance will negatively impact his property and the surrounding <br />• properties and feels that the proposed dwelling will exacerbate the drainage problem. <br />