03/09/2005 ZONING BOARD OF APPEALS Minutes

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1110 �f R wn of Mashpce 16 Gr cat Neck lkoad,Xt )t th Nlaslip c, Vassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Lisa Drake 413 Monomoscoy Road Map 124 Parcel 60 SP-05-28 A Petition was filed on February 15, 2005 for a Special Permit under Sections 174-17 and 174-20 of the Zoning By-laws for permission to raze and alter a pre-existing, non-conforming dwelling on property located in an R-3 zoning district at 413 Monomoscoy Road (Map 124 Block 60) 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 February 18, 2005 and February 25, 2005, a copy of which is attached hereto and made a part hereof. This Petition has been continued from the original hearing date of March 9, 2005 until May 11, 2005 at the request of the attorney to allow the Petitioner an opportunity to receive Conservation Conunission approval. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, May 11, 2005, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Frederick Borgeson, Evano Cunha, Jonathan Furbush and Marshall Brem. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. Attorney Theodore Schilling represents the applicant at this hearing. They are seeking special permits for both 413 and 417 Monomoscoy Road to tear down both existing dwellings and rebuild one new dwelling on the newly combined lots. Both dwellings and lots are pre-existing non-conforming. The new lot will have a total of