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09/14/2005 ZONING BOARD OF APPEALS Minutes
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09/14/2005 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
09/14/2005
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10\I'ry <br /> Town of Nashpcc <br /> N f <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great WA o Afr)rth <br /> 1d1a5h.pCC, Massachusetts 02649 <br /> DECISION FOR A VARIANCE <br /> Re: John O. Harris 97 James Circle <br /> Map 64 Parcel 64 <br /> V - 05-110 <br /> A Petition was filed on July 29, 2005 for a Variance under Section 174-33 of the <br /> Zoning By-laws for permission to vary the required distance to the wetlands order to <br /> build a new dwelling with a 5-foot cantilevered deck on property located in an R-5 <br /> zoning district at 97 James Circle (Map 64 Parcel 64) 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, a <br /> newspaper of general circulation in the Town of Mashpee, on August 26, 2005 and <br /> September 2, 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, October 26, 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, Frederick Borgeson, and James Reiffarth. <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 /> David Sanicki of Cape &Islands Engineering represents the applicant at this <br /> hearing. They are before the board to ask for a 5 foot for the house they are building that <br /> will infringe on the wetlands setback requirement. The Conservation Commission has <br /> approved this and they are proposing to canteliver the deck 5 feet over into the wetlands. <br /> Joan Muse of Seaview Realty joins Mr. Sanicki after the hearing begins. The house plans <br /> have changes somewhat since it was first advertised to accommodate the requests from <br /> the conservation department. Thus the plans the Board is now reviewing include the <br /> changes the applicant was required to make. The Board previously granted this lot a <br /> landspace variance earlier last year in order that the lot be deemed buildable. This <br />
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