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�14166N� -toa <br /> 10 <br /> wi I slipec <br /> MASHPEE ZONING BOARD OF APPEALS 16 Crreat eIVeck 1koa.d.M)rth, <br /> Nlashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: Whorton-Obrinsky Trust 231 Wheeler Road <br /> Map 49 Parcel 33 <br /> V-08-28 <br /> A Petition was filed on June 3, 2008, for a Variance from Section 174-31 of the <br /> Zoning By-laws for relief from contiguous lot ownership and landspace requirements and <br /> frontage requirements and setback relief to deem this lot buildable. This property is <br /> located in an R-5 zoning district at 231 Wheeler Road (Map 49 Parcel 33) 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, a <br /> newspaper of general circulation in the Town of Mashpee, on June 6, 2008 and June 13, <br /> 2008, 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, June 25, 2008 and July 9, 2008 at which time the following members of the <br /> Zoning Board of Appeals were present and acting throughout: Robert Nelson, Jonathan <br /> Furbush, James Reiffarth, William Blaisell and Jack Dorsey. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Brian Garner from Dumling &Kirrane represents the applicant at this <br /> continued hearing. Applicant is again seeking a landspace variance, frontage relief and <br /> setback relief in order to deem this lot buildable. This variance was granted and has <br /> expired. Applicant is seeking the same relief and the plans have not changed. The Board <br /> has no problems with the same request. Attorney Garner informs the Board that one of <br /> the owners of the property passed away and this caused a hardship to the remaining <br /> owners. Mr. Nelson notices there is a difference in the front lot line of 75.2 feet whereas <br /> each of the lots were labeled to be exactly the same. Attorney Garner will have John <br /> Slavinsky check the plans to seek the proper measurement. The Board moves to grant the <br /> following variances for 231 Wheeler Road: <br /> ✓ A 69,750 square foot landspace variance <br /> ✓ 75 foot frontage variance <br /> ✓ 9.5 feet on both sideyard <br />