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i€rcrh <br />Town <br />oJ'Alastipce <br />�M <br />MASHPEE ZONING BOARD OF APPEALS 16 Gf-eat .Vck koad North <br />Alashpee, Massachusetts 02649 <br />Decision for a Special Permit <br />Re: Carlos Nascimento <br />DENIED WITHOUT PREJUDICE <br />Map 58 Parcel 37 <br />SP-06-74 <br />A Petition was filed on September 20, 2006 for a Special Permit under Section <br />174-45.4 of the Zoning By-laws to build an accessory apartment on property located in <br />an R-5 zoning district at 15 Attaquin Street (Map 22 Parcel 0) 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, October 6, 2006 and October <br />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 at which time the following members of the Zoning <br />Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br />Marshall Brem, Jonathan Furbush and Frederick Borgeson. <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 />Stephen LaLiberte of Cape Style Builders represents the applicants at this hearing. <br />They are seeking a special permit to build an accessory apartment and a variance to seek <br />relief from the setback requirement of 25 feet on the side and 40 feet from the street. <br />They are proposing a garage with the accessory apartment above it. The house is <br />currently restricted to 3 bedrooms which is what is has now so the builder would have to <br />open up one of the existing bedrooms to have a 6 foot opening and seal off the closet as <br />the board has requested before when it is necessary to reduce an existing bedroom. <br />Applicant is looking for just under 15 feet on the northwesterly side for the variance <br />request. There is some opposition from abutters John Ellis of 5 Autumn Drive and Tom <br />