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P <br /> �U«N <br /> wn of Mashpec <br /> 16 Gwat J'W ck '&)(&I N�wlh <br /> .TYlczsli,per}, 1 'Iczssoclzusett5 Oj649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: LaCava Family II, LL C 320 Old Barnstable Road <br /> Map 59 Parcel 8 <br /> V-04-18 <br /> A Petition was filed on January 15, 2004 for a Variance from Section 174-31 of <br /> the Zoning By-laws for relief from contiguous lot ownership, landspace requirements and <br /> frontage requirements to deem this lot buildable. This property is located in an R-5 <br /> zoning district at 320 Old Barnstable Road (Map 59 Parcel 8) 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 January 23, 2004 and <br /> January 30, 2004, 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, February 11, 2004, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Zella Elizenberry and Robert <br /> Nelson and Frederick Borgeson. <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 Kevin Kirrane represented the petitioner. He is seeking variance relief <br /> to permit single family residential development on this undeveloped lot. This lot was <br /> created by a 1985 subdivision plan of land and have been held in common ownership <br /> since that time. Since there are seven lots in total that the applicant is seeking relief for, <br /> the Board recommends that this lot and that on 329 Old Barnstable Road, which are the <br /> two smallest lots, be combined so as to contain approximately the same square footage as <br /> the others before the Board. Mr. Kirrane has stated that his client would be amenable to <br /> this alternative solution. The Board feels this is the most reasonable way to go. Zella <br /> Elizenberry moved to grant the following variance: <br />