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09/12/2007 ZONING BOARD OF APPEALS Minutes
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09/12/2007 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
09/12/2007
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q Town oj'_A'Jasi <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great,Neck PVoacl,Xi)rth <br /> " A{;{E�� Nlashpee, 1YI(issachusetts 02649 <br /> DECISION FOR A VARIANCE <br /> RE: Keimeth Marsters, Trustee 12 Wintergreen Road <br /> Prime Properties Realty Trust Map 103 Parcel 107 <br /> V-07-59 <br /> A Petition was filed on August 13, 2007 for a Variance from Section 174-31 of <br /> the Zoning By-laws for permission to vary the setback requirements in order to build a <br /> three-bedroom dwelling on property located in an R-3 zoning district at 12 Wintergree <br /> Road (Map 103 Parcel 107) 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, <br /> a newspaper of general circulation in the Town of Mashpee, on August 24, 2007 and <br /> August 31, 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, September 12, 2007 at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Jonathan Furbush, James Reiffarth and George Bolton. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Jolui Slavinsky represents the applicant at this hearing. They are seeking a <br /> variance in the front and on the sideyard. Mr. Slavinsky explains that although the lot is <br /> almost an acre there is a vernal pool in the rear of the lot and that of course necessitates <br /> conservation to have the house be at least 100 feet from the vernal pool. Applicant hired <br /> a consultant who specializes in this matter and an order of conditions was issued on <br /> December 2, 2004 which is good until December 2, 2007. The neighborhood consists of <br /> houses that all have 2 car garages however due to the limits of this lot, Mr. Marsters is <br /> proposing to make the garage a one car and the house smaller. They have placed the <br /> house in the best position they can but still need a setback variance. The remainder of the <br /> lot will forever be conservation restricted. Applicant is also burdened with a double <br /> frontage and must adhere to 40 feet setbacks on both fronts. Mr. Nelson informs the <br />
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