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'a <br />Town ojAlastipec <br />16 Gr eat V ek load Not t,�z <br />MASHPEE ZONING BOARD OF APPEALSlashwe, IMIS CIIUse0s 02649 <br />Decision for a Variance <br />RE: David Jaye 40 Popponesset Island Road <br />Map 106 Parcel 27 <br />V-06-73 <br />A Petition was filed on September 14, 2006 by David Jaye for a Variance from <br />Sections 174-31, 174-33 and 174-59 of the Zoning By-laws in order to raze and replace <br />the existing dwelling and seek relief from the setback requirements and wetlands setback <br />on property located in an R-3 zoning district at 40 Popponesset Island Road (Map 106 <br />Parcel 27) 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 September 22, 2006 and <br />September 29, 2006, 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, October 11, 2006, at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br />Marshall Brem, Frederick Borgeson and Jonathan Furbush. <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 Kevin Kirrane of Dunning & Kirrane represents the applicant at this <br />hearing. Also present are Tim Luff of Archi-Tect Associates and Kirran Healey of the <br />BSC Group. Applicant has applied for a special permit and variance in order to raze and <br />replace existing dwelling. The current structure is non -conforming in that it fails to meet <br />the 50 foot setback requirement from the wetlands. The lot consists of 23,545 square feet <br />of uplands which, once the dwelling is demolished will be an undersized lot. The new <br />house will expand the lot coverage to 18.8%, well under the 20% maximum allowed. <br />1� <br />The new development will provide a new Title V system with a nitrogen removal sewage <br />