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N <br /> Town of Mashpce <br /> 0 <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great NiA (&oad,1 (it th <br /> Mcishpc,c, Massachusetts 0,92649 <br /> Decision for a Variance <br /> RE: Pauline Hicks 26 Hicks Way <br /> Map 44 Parcel 54 <br /> V-05-115 <br /> A Petition was filed on September 6, 2005 for a Variance from Section 174-31 of <br /> the Zoning By-laws for permission to vary the landspace requirements under current <br /> zoning to deem this lot buildable. This property is located in an R-5 zoning district at 26 <br /> Hicks Way (Map 44 Parcel 54) 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 September 9, 2005 and <br /> September 16, 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, September 28, 2005 at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Frederick Borgeson, Jonathan Furbush and Evano Currlla. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Rob Mills represents the applicant Pauline Hicks at this hearing. She is <br /> requesting a variance for the above-referenced lot to deem it buildable so that she may <br /> pass them along to her children. There are four lots that all average about 20,000 to <br /> 30,000 square feet. There are sub-division plans from 1973 that the Board reviews. Half <br /> of the subdivision is constructed and Ms. Hicks family lives on Amanda Way that is <br /> adjacent to Hicks Way. Ms. Hicks understands that she needs to develop the road Hicks <br /> Way to the requirements of the planning board. Although there are no enveloped houses <br /> proposed for these lots, the applicant will adhere to the R-5 setback requirements and will <br /> not come back to the board for any further variances if this is granted. These lots have <br /> been assessed as individual lots with separate tax bills that that have been maintained by <br />