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lown of Mashpce <br /> 16 Gr-eat)Veck 1&gacl Aor lh <br /> MASHPEE ZONING BOARD OF APPEAL <br /> l�lassac 2usetts 02649 <br /> Decision for a Variance <br /> RE: Edwina and Edward Johnson 45 Coombs Lane <br /> Map 44 Parcel 28 <br /> V-07-21 <br /> A Petition was filed on January 5, 2007 for a Variance from Section 174-31 of <br /> the Zoning By-laws for relief landspace requirements to deem this lot buildable. This <br /> property is located in an R-3 zoning district at 45 Coombs Lane (Map 44 Parcel 28) <br /> 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 January 12, 2007 and <br /> January 19, 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 24, 2007, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Zella Elizenberry, Robert Nelson, <br /> Marshall Brem, Jonathan Furbush and Frederick Borgeson. <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 /> John Slavinsky of Cape &Islands Engineering represents the applicant at this <br /> hearing. They are seeking a landspace variance and frontage variance on lot 21 (45 <br /> Coombs Lane)to deem lot buildable. There is a second lot abutting this property that <br /> adds history and explanation to this application. There are two sisters that inherited <br /> property lot 19 (that currently has a house on it) and abutting lot 21 that is vacant. The <br /> intent was a 50/50 split and one sister wanted to buy out the other. The dwelling on lot <br /> 19 is in need of major repair including a failed septic system that needs to be replaced. <br /> The house is in arrears from the mortgage company and there is no money for repairs on <br /> existing dwelling. The idea is to create a sohrtion that will benefit all parties, including <br /> the town whereby the septic is in such a mess. Mr. Slavinsky informs the Board that the <br /> lots have always been referred to in the deeds as two separate lots. If lot 21 can be <br />