05/25/2005 ZONING BOARD OF APPEALS Minutes

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Town of c .' 16 G1-cat S�,ck Road,Xo)ah ,Y Mashpce, Nlccssachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit Re: John DeLeon 95 Shorewood Drive Map 58 Parcel 64 SP-05-65 A Petition was filed on April 29, 2005 for a Special Permit under Section 174- 45.4 of the Zoning By-laws to build an accessory apartment above the proposed garage on property located in an R-5 zoning district at 95 Shorewood Drive (Map 58 Parcel 64) 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, May 6, 2005, and May 13, 2005, 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, May 25, 2005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Jonathan Furbush, Evano Curiha and James Reiffarth. 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. Mr. DeLeon represents himself at this hearing. He is seeking variance relief from the setback requirements in order to build a garage and a special permit for an accessory apartment. The Board reviews the plans and it appears that the parking has been addressed and the Board of Health has approved the plans. Ms. Elizenberry reminds the applicant that this must be owner occupied and that if the property is sold it is not given in perpetuity. The Board grants the Special Permit. GENERAL FINDINGS 1. that the subject lot is located at 95 Shorewood Drive and contains 11,248 square feet.