10/22/2008 ZONING BOARD OF APPEALS Minutes

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Re: Town of e8✓ 16 Grcat Neck load ,North, Carol Kelley -Washpce, NlosscachUSCtts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE 174 Captains Row Map 96 Parcel 30 V — 08-46 A Petition was filed on September 30, 2008 for a Variance under Section 174-33 of the Zoning By-laws for permission to vary the required distance to the wetlands in order to construct a new deck on property located in an R-3 zoning district at 174 Captains Row (Map 96 Parcel 30) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 3, 2008 and October 10, 2008, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on Wednesday, October 22, 2008 on the Petition at the Mashpee Town Hall at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, James Reiffarth, Jonathan Furbush, William Blaisdell and Peter Hinden. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Steven Lake of Bemlett Engineering represents the applicant at this hearing. They are seeking a variance of 20.2 feet for relief to the distance of the wetlands requirement. The Board reviews the plans and discusses the previous variance that was granted for the deck to be built. Applicant was informed of the impact on the distance to the coastal bank, thus the need for variance relief. Conservation has approved this plan. James Reiffarth makes a motion to grant a 20.2 foot variance to the wetlands. Jonathan Furbush seconds the motion. All agree. So moved.