09/28/2005 ZONING BOARD OF APPEALS Minutes

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lown of Mashpec l,. �Wish�et, ��lassacltiioad for t{�16 Orcat eck MASHPEE ZONING BOARD OF APPEA j,�;�� 'efts 02649 DECISION FOR A VARIANCE Re: Jemm Real Estate 55 Sunset Circle Map 64 Parcel 23 V -05-111 A Petition was filed on August 31, 2005 for a Variance under Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the landspace requirements and to seek relief from the required distance to the wetlands order to construct the majority of a new dwelling, garage and deck on property located in an R-5 zoning district at 55 Sunset Circle (Map 64 Parcel 23) 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, on September 9, 2005 and F September 16, 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, October 19, 2005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Marshall Brem, Frederick Borgeson, 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 10 and the Town of Mashpee Zoning By-laws. John Slavinsky of Cape & Islands Engineering represents the applicants at this hearing. They are seeking a special permit to alter/demolish a pre-existing non- conforming structure and then replace it with a new dwelling that needs variance relief to the wetlands and relief from the 40,000 square foot landspace requirement. This matter was approved by the conservation commission which allowed the house to be 26 feet from the wetlands instead of the required 50 feet. The applicant is hoping to keep the original foundation but are unable to guarantee that before they actually begin the project.