01/10/2007 ZONING BOARD OF APPEALS Minutes

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lown of Alashpee n ? 16 Great NV A Pvoad�A( r)oh *tip ._ � � �� 1��Iash��eE, 1�'lassacl�rusetts 02G4.3 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Marc and June Levy 16 Fells Circle Map 122 Parcel 215 V-07-07 A Petition was filed on December 15, 2006 for a Variance from the setback requirements and frontage requirements from Section 174-31 of the Zoning By-laws in order to build a new dwelling on property located in an R-3 zoning district at 16 Fells Circle (Mal) 122 Parcel 215) 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 December 22, 2006 and December 29, 2006, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, January 10, 2007, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Breenn, Frederick Borgeson and Jonathan Furbush. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Lars Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Mr. Joseph Harvey of Grossman Engineering, Falmouth, MA, represents the applicant at this hearing. They are seeking a special permit in order to demolish the existing dwelling and a variance to seek relief front the setback requirements and landspace requirements in order to build a new three bedroom dwelling. The Board reviews the site plans and building plans. Mr. Harvey informs the Board that the applicant meets the requirement of being 50 feet from the back of Fells Pond. Marshall Breen makes a motion to grant a 25 foot frontage variance and a 19,300 square foot landspace variance.