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{, tiE gC51k'M qy�, <br /> wn of Mashpcc <br /> I MASHPEE ZONING BOARD OF APPEALS 16 0-c at )Vec k I�oa(I,N rth, <br /> y. <br /> > � 1�'lasly)cc, Nlasscaclucsctts 02649 <br /> �Am€co <br /> Decision for a Variance <br /> RE: Whorton-Obrinsky Trust 223 Wheeler Road <br /> Map 49 Parcel 35 <br /> V-08-30 <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 to <br /> deem this lot buildable. This property is located in an R-5 zoning district at 223 Wheeler <br /> Road (Map 49 Parcel 35) 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 continued to July 9, 2008, at which time the following <br /> members of the Zoning Board of Appeals were present and acting throughout: Robert <br /> Nelson, Jonathan Furbush, James Reiffarth <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 Dumilg&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 Jolm <br /> Slavinsky check the plans to seek the proper measurement. The Board moves to grant the <br /> following variances for 223 Wheeler Road: <br /> ✓ A 69,750 square foot landspace variance <br /> ✓ 75 foot frontage variance <br /> ✓ 9.5 feet on both sideyard <br />