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Town of Mashpec <br /> I ?r( �ck koadjVorth, <br /> 6 Great S� <br /> M a shliceM 49ossach,usetts 026 <br /> liE <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Special Permit <br /> RE: Kenneth Konikowski 95 Whipporwill Circle <br /> Map 125 Block 152 <br /> SP-05-49 <br /> A Petition was filed on March 22, 2005 for a Special Permit under Section 174-17 <br /> of the Zoning By-laws for permission to alter a pre-existing non-conforming structure <br /> and enlarge the current living space and build a 2-car garage on property located in an R- <br /> 3 zoning district at 95 WI-iipporwill Circle (Map 125 Block 152) 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 March 25, 2005 and April <br /> 1, 2005 a copy of which is attached hereto and made a part hereof. <br /> Mashpee Town Hall on <br /> A Public Hearing was held on the Petition at the Masl <br /> Wednesday, April 12, 2005 and Wednesday, May 25, 2005, at which time the following <br /> members of the Zoning Board of Appeals were present and acting throughout: Robert <br /> Nelson, Zella Elizenberry, Evano Cunha, Jonathan Furbush and Eric Dublirer. <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 /> Attorney Kevin Kirrane of Dunning &Kirrane represents the petitioner at this <br /> hearing. They are seeking a special permit in order to alter a pre-existing non- <br /> conforming structure by enlarging the current living space and adding a 2-car garage. <br /> Mr. Kirrane informs the board that this lot was created in 1970 and does not conform to <br /> zoning since it sits closer than the required 50 foot to the wetlands, has only 100 feet of <br /> frontage and contains a total of 18,950 square feet. The property has remained this way <br /> since the 1980's. The substantial renovation to this property is consistent with the <br /> upgrades to many homes in the immediate area. Today the lot area to mean high water <br /> exists at 16,118 square feet. The proposed dwelling of 2,946 square feet would put the <br />