10/25/2006 ZONING BOARD OF APPEALS Minutes

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u,ti.N Mashpcc .✓ r0lown of 1 16 Gt-cat Xeck &(W M)/-th, MASHPEE ZONING BOARD OF APPEAL ishpce, Massachusetts 02649 DECISION FOR A VARIANCE DENIED WITHOUT PREJUDICE Re: Carlos Nascimento 15 Attaquin Drive Map 22 Parcel 0 V — 06-75 A Petition was filed on September 20, 2006 for a Variance under Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in order to build an accessory apartment on property located in an R-5 zoning district at 15 Attaquin Drive (Map 22 Parcel 0) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 6, 2006 and October 13, 2006, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 25, 2006 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson and Jonathan Furbush. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Stephen LaLiberte of Cape Style Builders represents the applicants at this hearing. They are seeking a special permit to build au accessory apartment and a variance to seek relief from the setback requirement of 25 feet on the side and 40 feet from the street. They are proposing a garage with the accessory apartment above it. The house is currently restricted to 3 bedrooms which is what is has now so the builder would have to open up one of the existing bedrooms to have a 6 foot opening and seal off the closet as the board has requested before when it is necessary to reduce an existing bedroom. Applicant is