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tOWN <br /> lown of Mashpee <br /> %.rsy <br /> � a <br /> jy. 16 Great,)V�ck 1�oa(l,M)rth <br /> MASHPEE ZONING BOARD OF APPEALasl2�ee, lYla.ssacl2usctts 02649 <br /> Decision for Denial of a Petition for a Variance <br /> RE: William Whitney 9 Tide Run <br /> Map 126 Block 43 <br /> V-05-98 <br /> A Petition was filed on July 12, 2005 by William Whitney for a Variance from <br /> Section 174-31 of the Zoning.By-laws for permission to vary the front setback <br /> requirements to build an addition on property located in an R-3 zoning district at 9 Tide <br /> Run(Map 126 Block 43) 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 July 22, 2005 and Judy <br /> 29, 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, August 10, 2005, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Marshall Brem, Jonathan Furbush 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 /> Timothy Santos, Vice President of Holmes & McGrath Engineering represent the <br /> petitioners at this hearing. They are seeking a variance from the frontyard setback in <br /> order to build an addition. In 1987 there was a variance granted to erect a single family <br /> structure within 50 feet of the wetland resource area and within 25 feet from the ACEC <br /> boundary. This dwelling exists in a cluster subdivision where the frontyard setback <br /> requirements are 30 feet and they are allowed up to 30% lot coverage. Applicant is <br /> proposing to build the addition toward the front and is seeking a 3 foot variance. The total <br /> lot coverage with the proposed addition will be at 22.3%. Marshall Brem informs the <br /> applicant that they are adamant about the maximum 20% lot coverage that they enforce in <br />