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Town (?f Maslipee <br /> 16 Crea1 A'',eA k6ad J6rth <br /> NushpEe;Wassc�clu�s�tts(1?G49 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR WITHDRAWAL WITHOUT PREJUDICE <br /> PETITION FOR A VARIANCE <br /> V-2014-07 <br /> Michael E. Markowski and Certificate of Title: 180176 <br /> Alycia Markowski Lot#: 14 & 15 <br /> 47 and 51 Redwood Circle Plan#: 28727-C <br /> (Map 27 Parcel 98 &99) <br /> Mashpee, MA 02649 <br /> A Petition was filed on January 17, 2014 by Michael E. Markowski and Alycia <br /> Markowski, requesting a Variance under Article XII §174-72 of the Zoning By-laws to <br /> vary the front, rear and side setbacks of an existing deck and garage within the zoning <br /> requirements of the Mashpee River on property located in an R-5 Zoning District at 47 <br /> Redwood Circle and 51 Redwood Circle, (Map 27 Parcel 98 & 99), Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on January 24, 2014 and January 31, 2014 a <br /> copy of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee <br /> Zoning By-laws. <br /> On February 12, 2013, Public Hearings were held on the Petition at the Mashpee <br /> Town Hall at which time the following members of the Board were present and acting <br /> throughout; Vice Chairman, William A. Blaisdell, Board Members, James Reiffarth, and <br /> Richard Jodka, Associate Members, Domingo K. DeBarros and Scott Goldstein, and <br /> Building Commissioner, Richard E. Morgan. <br /> Attorney,Kevin Kirrane represented the homeowners of the referenced property 47 <br /> and 51 Redwood Circle. Mr. Kirrane presented plot plans,building plans, and photographs <br /> of the dwelling located in the Mashpee Shores subdivision situated off Route 130. This <br /> subdivision was approved by the Planning Board back in the 1970's at the time when the <br /> minimum lot size was 12,500 square feet and there was no Mashpee and Quashnet River <br /> protective zoning district. <br /> The current lot requirements are now 80,000 square foot, 40 feet to the front, 15 <br /> feet along the sides and rear. As a result, the structure at this site constitutes a non- <br /> conforming structure. The Wetland Protection Act had a substantial impact on what can <br /> and cannot be placed on the lot. <br /> 1 <br />