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P <br /> tOtrry <br /> lown 6 <br /> Mashpce <br /> 1 , <br /> y 16 G•e(tt Xeck Pvoad,N�)i th <br /> 13'lashpee, Nlo.ssach.usetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Robert Bateman, III 55 Pequot Avenue <br /> Map 72 Parcel 68B <br /> V-04-13 <br /> A Petition was filed on December 19, 2003 for a Variance from Section 174-31 <br /> of the Zoning By-laws for relief from contiguous lot ownership and landspace <br /> requirements to deem this lot buildable. This property is located in an R-3 zoning district <br /> at 55 Pequot Avenue (Map 72 Parcel 68B) 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 February 6, 2004 and <br /> February 13, 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 25, 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 Marshall Brem. <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 represents the petitioner at this hearing. He is seeking <br /> variance relief in order to deem this lot buildable due to 25 feet of common area of <br /> boundary lines that made them into common ownership. Mr. Bateman has built several <br /> homes in the area and spent over $80,000 on roadway improvements. An abutter Donna <br /> Schneider of 17 Cappawack Way expresses her concerns over a vernal pool that she says <br /> exists on 55 Pequot Avenue. There are 2 letters read into the record in support of this <br /> hearing. The Board discusses this with Mr. Kirrane and feels the onus will be on the <br /> petitioner to prepare these lots properly to accommodate homes on them. Mr. Brem <br /> moves to grant a 22,000 square foot variance for 55 Pequot Avenue and Mr. Nelson <br /> seconds the motion. <br /> GENERAL FINDINGS <br />