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t`�'tU64'ry n�, <br />lown of Mashpee <br />16 Great Xis ck Aoad NV )a r. <br />MASHPEE ZONING BOARD OF APPEALW(isl2-pee, .IYI(zssachitsetts 02649 <br />Decision for a Variance <br />RE: Whorton-Obrinsky Trust 227 Wheeler Road <br />Map 49 Parcel 34 <br />V-06-77 <br />A Petition was filed on September 27, 2006, for a Variance from Section 174-31 <br />of the Zoning By-laws for relief from contiguous lot ownership and landspace <br />requirements to deem this lot buildable. This property is located in an R-5 zoning district <br />at 227 Wheeler Road (Map 49 Parcel 34) 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 October 6, 2006 and <br />October 13, 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 25, 2006 and continued to December 13, 2006, at which time the <br />following members of the Zoning Board of Appeals were present and acting throughout: <br />Zella Elizenberry, Robert Nelson, Marshall Breen, Jonathan Furbush and Frederick <br />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 />Attorney Brian Garner from Dunning & Kirrane represents the applicant at this <br />continued hearing. Applicant is seeking a landspace variance in order to deem this lot <br />buildable. The Board asked that new plans be submitted showing the abutters having <br />similar setbacks. The plans also show proposed dwellings rather than proposed <br />envelopes. Mr. Nelson mentions that this world limit applicant to build exactly <br />according to the plans and asks Attorney Garner to use "envelopes" instead. After some <br />discussion, the Board feels the variances would be warranted and Marshall Brem moves <br />to grant the following variances for 227 Wheeler Road: <br />✓ A 69,750 square foot landspace variance <br />✓ 75 foot frontage variance <br />✓ 9.5 feet on both sideyard <br />