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AT <br /> lown ojAlastipee <br /> MASHPEE ZONING BOARD OF APPEALS 16 Grcat,)VEck load JN)rth <br /> ZU Nlclshpee, 11assachusetts 02649 <br /> Decision for a Special Permit <br /> RE: Carol Kelley 174 Captains Row <br /> Map 96 Parcel 30 <br /> SP-07-78 <br /> A Petition was filed on November 27, 2007 for a Special Permit under Section <br /> 174-17 of the Zoning By-laws for permission to alter a pre-existing, non-conforming <br /> structure on property located in an R-3 zoning district at 174 Captains Row (Map 96 <br /> Block 30) 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 and continued to January 9, 2008, at which time the <br /> following members of the Zoning Board of Appeals were present and acting throughout: <br /> Robert Nelson, James Reiffarth, George Bolton and William Blaisdell. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Brian Harris from Benriett Engineering represents the applicants at this hearing. <br /> They are seeking a special permit to alter a pre-existing non-conforming structure and a <br /> variance for setback relief from a pre-existing deck that was there when they purchased <br /> the house. The Board informs him that it is not a cluster subdivision and the new <br /> construction of the garage in-List be 15 feet from the lot line. They also discuss the <br /> entrances—the owner would like to keep both the circular driveway and the regular one. <br /> Mr. Harris also says they need to go to Conservation on December 13, 2007 and that <br /> while the ZBA would grant their requests conditioned on approval from Conservation, <br /> there are changes the ZBA needs to see made and ask that this be continued until January <br />