11/09/2005 ZONING BOARD OF APPEALS Minutes

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lown of 4✓e 16 Ca eat,Xeck ��oad,A(o)i t1�. MASHPEE ZONING BOARD OF APPEAIpoa�hpeP, 1 'lassachusetts 064 DECISION FOR A VARIANCE Re: Robert Bateman 74 Ninigret Avenue Map 72 Parcel 52A V — 05-121 A Petition was filed on October 13, 2005 for a Variance under Section 174-33 of the Zoning By-laws for permission to vary the required distance to the wetlands in order to construct a new home on property located in an R-3 zoning district at 74 Ninigret Avenue (Map 72 Parcel 52A) Mashpee, NIA. 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 October 21, 2005 and October 28, 2005, a copy of which is attached hereto and made a part hereof. A Public Hearing was advertised for November 9, 2005 but held on January 11, 2006, on the Petition at the Mashpee Town Hall on Wednesday, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Breen, Frederick Borgeson and Evano Cunha. 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. Jolm Slavinsky from Cape &Islands Engineering represents the applicant at this hearing. He is seeking a variance from the wetlands requirement in order to build a house with a deck. The Conservation Commission has approved this project in that they don't want the wetlands filled in and feel the variance is warranted. The Board of health has also signed off on this matter. Marshall Brem moves to grant a 13 foot variance to the wetlands. Zella Elizenberry seconds the motion. A roll vote is taken. Frederick Borgeson votes yes. Robert Nelson votes yes. Zella Elizenberry votes yes. Evano Cunha votes yes. Marshall Brem votes yes. All agree. Motion is carried unanimously.