02/18/2004 ZONING BOARD OF APPEALS Executive Session

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lown of Nashpee 16 Great M?ck &a(l _Morth J)Iashpee, A/lassac/ 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Per A. &Asa G. Eldh, Trustees 172 Daniel's Island Road Map 100 Block 16 SP-04-08 A Petition was filed on December 9, 2003 by Per A. and Asa G. Eldh, Trustees of The Daniel's Island Realty Trust, for a Special Permit under Section 174-17 of the Zoning By-laws for permission to construct an addition and a garage to a pre-existing, non-conforming dwelling on property located in an R-3 zoning district at 172 Daniel's Island Road (Map 100 Block 16) 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 January 2, 2004 and January 9, 2004, 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, February 18, 2004, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Marshall Brem, James Regan and Robert Nelson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. David Sanicki of Cape &Islands Engineering represents the petitioner at this hearing. They are here because a previously granted Special Permit has expired (SP-0 I- 41). They seeking to expand a non-forming structure and would like a re-issuance of the previous permit. The Board asks why this has expired and Mr. Sanicki informs them that Dr. Eldh had to postpone building due to time constraints and his job. The Board feels since nothing has changed in the original request they will grant this. Mr. Brem moves to grant this special permit. Mr. Nelson seconds the motion. All agree. So moved.