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COMMONWEALTH OF MASSACHUSETTS <br /> ZONING BOARD OF APPEALS `10 OCT -; <br /> DOCKET NOS.: <br /> JAMES REGAN, ) <br /> Petitioner ) <br /> VS. ) <br /> ROBERT G.NELSON, JONATHAN FURBUSH, ) NOTICE OF APPEAL <br /> WILLIAM A. BLAISDELL, JOHN M. DORSEY, ) <br /> JAMES REIFFARTH, PETER R. HINDEN, and ) <br /> RONALD S. BONVIE, as Members of the Mashpee ) <br /> Zoning Board of Appeals, ) <br /> Appellant ) <br /> } <br /> Pursuant to Massachusetts General Law c. 40A, Section 15,notice is hereby given that <br /> the Petitioner, James Regan, hereby appeals from the Zoning Opinion promulgated by Richard <br /> Stevens, Mashpee Building Commissioner, in a letter dated September 16, 2010 regarding 12 <br /> Brookside Circle, Mashpee,Massachusetts (hereinafter the"Property"). <br /> As grounds for such appeal,the Petitioner states as follows: <br /> I. The reasons set forth in the June 4, 2010 letter to the Building Commissioner attached <br /> hereto as Exhibit 1, and made a part hereof, support a fording that there is a requirement <br /> pursuant to the 1984 Town of Mashpee Zoning By-Laws, Section 9.42 (5) that the <br /> minimum width at the building line shall be not less than 100' and pursuant to Section <br /> 9.42(8)that dwellings in Cluster Developments be set back from the street not less than <br /> thirty(30)feet. <br /> 2. The Building Commissioner's opinion set forth in his letter, a copy of which is attached <br /> hereto as Exhibit 2 and made a part hereof, is incorrect as a matter of law. <br /> 3. The Mashpee Zoning Bylaws §174-21(D) requires a fording by the Building <br /> Commissioner that"[b]uilding lots in cluster subdivisions created under previous <br /> provisions of the Mashpee Zoning By-Law not requiring a special permit may be <br /> developed pursuant to the lot size,frontage and setback regulations applicable to the <br /> original approval of said subdivision, but subject to any other currently applicable <br /> provisions of this by-law" (emphasis added). <br /> 4. That the Mashpee Building Commissioner incorrectly dismissed Section 9.42 (5) of the <br /> 1984 Town of Mashpee Zoning Bylaw as not applying to regulate the placement of a <br /> certain building on the Property; and <br />