Laserfiche WebLink
IV <br /> -sy ow of*Mc�:shpce <br /> 10 Greal'NV?ck Ood<A orth <br /> AIC1slq vc, iWuswiciiiis tts 0,204) <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION TO DENY <br /> APPEAL OF THE BUILDING COMMISSIONER'S OPINION <br /> Appellant: James Regan <br /> Owner of record: Barry J. and Laura J. Marsolais <br /> A-10-44 <br /> 12 Brookside Circle Registry of Deeds Title Reference <br /> Mashpee, MA 02649 Certificate Number: 140597 <br /> Assessor's Map 108 Parcel 37 <br /> A Petition was filed on October 4, 2010 by James Regan Pursuant to Chapter 40A <br /> Section 15, Appealing the Zoning Opinion of the Building Commissioner concerning the <br /> property located in an R-3 zoning district at 12 Brookside Circle (Map 108 Parcel 37) <br /> Mashpee, MA. Owner of record: Barry J. and Laura J. Marsolais. <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, a <br /> newspaper of general circulation in the Town of Mashpee, on October 22, and October <br /> 29, 2010, a copy of which is attached hereto and made a part hereof. <br /> Due to scheduling conflicts and lack of quorum, the Petitioner agreed to continue <br /> the hearing date and to extend the time in which the Board had to render a Decision. A <br /> Public Hearing was held on the Petition at the Mashpee Town Hall on February 9, 2011. <br /> The following Board members were present and acting throughout: Board Members <br /> Jonathan Furbush, William A. Blaisdell, John M. Dorsey and James Reiffarth and <br /> Associate Board Member Ronald S. Bonvie. Mr. Robert G. Nelson stepped down from <br /> this Petition. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §§ 8 and 15 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Mark Gildea represented the Appellant, Mr. James Regan, who also <br /> attended the meeting. Attorney Gildea stated that the Building Commissioner was <br /> mistaken in rendering the above-referenced Opinion. Attorney Gildea maintains that <br /> `BL' as it appears on the subdivision plan means Building Line. He referred to Section <br /> 9.42 of the By-law concerning Exception for Cluster Development which states: "The <br /> minimum lot width at the building lisle shall be not less than one hundred (100) feet." <br /> Attorney Gildea said that the owner of the subject property should not be permitted to <br /> build within the building line. <br />