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lown a c 6J q��} <br /> C E b <br /> 4d(� <br /> 16 Great N�ck Pvoad,V)rth <br /> -Ma hpce,, NlossaC{2LlSettS 026�9 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Mark and Mary Beth Tobin 96 Captains Row <br /> Map 96 Block 12 <br /> V-07-77 <br /> A Petition was filed on November 27, 2007 for a Variance from Section 174-31 <br /> of the Zoning By-laws for permission to vary the landspace requirements to allow for <br /> construction of a new dwelling on property located in an R-3 zoning district at 96 <br /> Captains Row(Map 96 Block 12) 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 November 30, 2007 and <br /> December 7, 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, December 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 /> Attorney Bruce Gilmore represents the applicants at this hearing. They are <br /> seeking a Special Permit in order to raze and replace a pre-existing non-conforming <br /> structure. The applicants will be making the new structure more conforming and will not <br /> need any setback variances. Once the house is demolished however, the lot becomes <br /> vacant and needs to adhere to current landspace zoning of 40,000 square feet whereby it <br /> only contains 15,200 square feet with only 101 feet of frontage. Applicant is therefore <br />