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Itis <br />Town of Mashpee <br />16 Creat Acle &ad -North <br />MASHPEE ZONING BOARD OF APPEA41ashpee, h1assach.usetts 02649 <br />Petition for Variance — Denied With Preiudice <br />Hubert Trust <br />Janet and Barry Krock, Trustees <br />4 Cross Street <br />Map 128 Block 15 <br />V-09-02 <br />A Petition was filed on November 18, 2008 for a Variance from Sections 174-28 <br />and 174-31 of the Zoning By-laws for permission to vary the setback requirements and <br />lot coverage requirements to Janet and Barry Krock, Trustees for Hubert Trust, in order <br />to raze and -replace the dwelling on property located in an R-3 zoning district at 4 Cross <br />Street (Map 128 Block 15) 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 in the Town of Mashpee, on January 16, 2009 and <br />January 23, 2009, a copy of which is attached hereto and made a part hereof. <br />• <br />A Public Hearing was scheduled for Wednesday, January 28, 2009 where the <br />matter was opened with no testimony taken and continued to Wednesday, February 1 l ; <br />2009 on the Petition at the Mashpee Town Hall at which time the following members of <br />the Zoning Board of Appeals were present and acting throughout: Robert Nelson, <br />Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. <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 />This is an application for variance relief for lot coverage in order to raze and <br />replace a pre-existing non -conforming dwelling on a 5,000 square foot lot. The applicant <br />is represented by Attorney Kevin Kirrane of Dunning and Kirrane along with John <br />Slavinsky of Cape & Islands Engineering. The applicant is also seeking a Special Permit <br />to raze and replace the dwelling as well. The chairman informs the audience that the <br />i <br />Board will first read the letters from the abutters into the record followed by Attorney <br />i <br />Kirrane's presentation without interruption. They will follow up with any comments that <br />