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Town of Mashpee <br />N s <br />16 Great JVeck Road North <br />ARIA ��1Jlashpee, Massachusetts 02649 <br />MASHPEE ZONING BOARD OF APPEALS <br />Decision for a Variance <br />RE: Herbert and Christine Bader 48 James Circle <br />Map 71 Block 34 <br />V-05-08 <br />A Petition was filed on December 1. 2004 for a Variance from Section 174-31 of <br />the Zoning By-laws for permission to vary the setback requirements to expand the <br />existing dwelling, build a patio and deck on property located in an R-5 zoning district at <br />48 .lames Circle (Map 71 Block 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, <br />a newspaper of general circulation in the Town of Mashpee, on December 31, 2004 and <br />• .Ianuary 7, 2005 a copy of which is attached hereto and made a part hereof. <br />A Public 1 -fearing was held on the Petition at the Mashpec Town Hall on <br />Wednesday, January 12, 2005, at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: James E. Regan Ill, Zella E. Elizenberry, <br />Robert Nelson, .lonathan Forbush and Richard Guerrera. <br />The Mashpee/_oning 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 />David Sanicki of Cape & Islands Engineering represents the petitioners at this <br />hearing. They are seeking a variance from the setback requirements, frontage and <br />landspace in order to expand their living area and build a wood patio and a deck. The <br />Board would like to see the word "wood" patio deleted and just a patio put in. "file <br />applicant agrees to this. The lot was created in 1969 and complied with zoning at that <br />time. "file new zoning puts them out of compliance since they need 80,000 square feet of <br />land and must maintain 25 -foot setbacks on either side. Zella Elizenberry moves to grant <br />0 <br />the requested variances. <br />