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Mashpee Zoning <br /> Board of Appeals William Whitney <br /> 2 V-05-98 <br /> Mashpee. Mr. Santos informs Mr. Brem that the by-law clearly states that a cluster <br /> subdivision allows up to 30% lot coverage and they are not seeking a variance for that but <br /> for the frontyard setback requirement. Mr. Brem informs him that his feelings are set <br /> even if the by-law states that. He feels that the need for a variance which is required <br /> from this board will increase his lot coverage and he is against it. Zella Elizenberry <br /> agrees and so does Evano Cunha. Mr. Nelson explains to the Board that the applicant is <br /> well within his right to have 22.3% lot coverage and that is not what is being asked of the <br /> board to decide on. Mr. Santos also informs the board that the average setback rule can be <br /> applied where there are presently two abutting neighbors on either side that are at or <br /> about 25-28 feet from the frontyard lot line. The Board is in disagreement on the nature <br /> of the application. Mr. Nelson makes a motion to grant the 3 foot variance. Zella <br /> Elizenberry votes to deny. Marshall Brem votes to deny. Evano Cunha votes to deny. <br /> Jonathan Furbush votes in favor. The motion is defeated 3-2. Motion is denied. <br /> Mr. Nelson read a letter from Ruth and Louis Vignati, direct abutters at 5 Tide Run, in <br /> opposition to the project. Mr. Nelson also read a letter from Little Neck Bay Association <br /> supporting the project. <br /> At the Public Hearings on August 10, 2005, the Zoning Board of Appeals voted <br /> unanimously to Deny the Petition for a Variance. <br />