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aE toa�na� <br /> lown of Mashpee <br /> 3 a ' <br /> 16 Great Areck Road,,M)rth <br /> 1Xloshpee, Nlassochusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Matthew Mase 84 James Circle <br /> Map 64 Block 45 <br /> V-05-69 <br /> A Petition was filed on May 17, 2005 for a Variance from Section 174-31 of the <br /> Zoning By-laws to seek relief from the side setback requirements and front yard setback <br /> requirements in order to build a 30' x 40' dwelling on property located in an R-5 zoning <br /> district at 84 James Circle (Map 64 Block 45) 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 May 20, 2005 and May <br /> 27, 2005, 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, June 8, 2005, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Jonathan Furbush, Frederick Borgeson, and Evano Cunha. <br /> The Mashpee Zoning 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 /> Attorney Rob Mills represents the applicant for this hearing. Two years ago, this <br /> lot was brought before the Board to deem it a buildable lot. The Board granted a frontage <br /> variance and landspace variance since it was too small and did not meet the current <br /> zoning. It was purchased when the zoning was R-75 and did conform at that point. <br /> Attorney Mills feels that they really should not have to be here since the lot is non <br /> conforming and was already given a variance for buildability. However, that being said, <br /> his client cannot meet the sideyard setbacks and the frontyard setback with the house he <br /> has started to build. The foundation is already in and the building inspector has had a <br /> change of opinion that he could move forward without a variance. Mr. Mills says that his <br />