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01/09/2008 ZONING BOARD OF APPEALS Minutes
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01/09/2008 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
01/09/2008
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{Ott'ry lown a <br /> Mashpce <br /> `T,cud y6• yIR + <br /> �y <br /> MASHPEE ZONING BOARD OF APPEAL 16 C�rcat���eck load�J�orth, <br /> Iash,pec, Massachusetts W649 <br /> Decision for a Variance <br /> RE: JW Builders 387 Monomocoy Road <br /> Map 125 Block 3 <br /> V-08-02 <br /> A Petition was filed on December 17, 2007 for a Variance from Sections 174-31, <br /> 174-33 and 174-59 of the Zoning By-laws to seek relief from the setback requirements <br /> and distance to wetlands in order to build a new dwelling on property located in an R-3 <br /> zoning district at 387 Monomoscoy Road (Map 125 Block 3) 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 December 21, 2007 and December 28, <br /> 2007 a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, January 9, 2008 and continued until Wednesday, February 13, 2008, at <br /> which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Jonathan Furbush, James Reiffarth and William Blaisdell. <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 /> Attorney Kevin Kirrane of Dumling and Kirrane represents the petitioner at this <br /> hearing. They are seeking a variance in order to get relief from the setback requirements <br /> to both the sideyard and distance to the wetlands in order to build a new dwelling. <br /> Applicant is also seeking relief from the by law with respect to the proposed basement <br /> being below the I V flood plan elevation and in light of the fact that the setback will be <br /> less than the 50' required from the wetlands. The new structure proposes only storage <br /> space below the I I' elevation with all utilities being located on the first floor level which <br /> is above the 14' flood plain elevation. There was an original variance granted (V-06-28) <br /> that was allowed to expire by applicant. He is seeking the same requests as in the <br />
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