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01/08/2020 ZONING BOARD OF APPEALS Minutes
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01/08/2020 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
01/08/2020
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Town of Alfash ee <br /> T 6 <br /> h <br /> f IG Great dVeck tract.Ati)a•th <br /> A,r� lashpee,,'Jassachusetis 0-9649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2020-01 <br /> Petitioner, Barbara B.Nichols Bk.: 20708 <br /> Owner of record: Barbara B. Nichols Pg.: 35 <br /> and Robert C. Nichols, Trustees) <br /> 24 Melissa Avenue(Map 21 Parcel 1) <br /> Mashpee, MA 02649 <br /> A Petition was filed on November 26, 2019 by Petitioner, Barbara B. Nichols requesting a <br /> Special Permit.under §174-17.1 of the Zoning Bylaws to raze and replace one of three <br /> residential structures situated on property located in an R-5 Zoning District, at 24 Melissa <br /> Avenue, Map 21 Parcel 1, Mashpee, MA. (Owner of Record: Barbara B. Nichols and <br /> Robert C. Nichols, Trustees). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee,on December 13,2019 and December 20,2019 a copy <br /> of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> January 8, 2020 at which time the following members of the Board of Appeals were <br /> present;Chairman,Jonathan Furbush,Vice Chairman,William Blaisdell,Board Members, <br /> Ron Bonvie, Scott Goldstein, and Associate Member, George Ganzenmuller. <br /> Attorney Kevin Kirrane represented the Nichols' family for their raze and replace project. <br /> The property is situated within Melissa Avenue which is a public way on either side of the <br /> Nichols parcel and was an easement taken by the Town. The lot is five (5) acres and has <br /> three residential structures;the applicants seek to raze and replace the farmhouse structure. <br /> The structure dates back to the 1800 (circa.1740). This structure was re-built in the 1940's. <br /> The proposed structure will essentially be in the same foot print of the existing structure. <br /> The new structure conforms to all the required setback criteria requirements. It's over 100 <br /> ft. from the wetlands and 80 plus feet from the side yards. <br /> The reason for the Special Permit request under §174-17.1, and §174-17 is largely because <br /> there are three residential structures on a single lot; an argument could be made that the use <br /> is non-conforming. Typically, only one family residential building is allowed on a single <br /> lot. However, this lot is a five (5) acre lot which makes it different than most scenarios. <br /> 1 <br />
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