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4own of Mashpec <br /> 16 �rcat,X, ck (oad JV t th, <br /> •. _ .•.f y, Icr,sll ,ee, Xlassach,usetts 02649 <br /> MASHPEE ZONING BOARD OF APPEAL <br /> Decision for a Variance <br /> 304 Redbroolc Road <br /> RE: Jonathan Yohannan Map 109 Parcel 8 <br /> V-04-64 <br /> A Petition was filed on April 1,2004 by Jonathon Yohannan for a Variance from <br /> Sections 174-33, 174-85 and 174-86 of the Zoning By-laws for permission to vary the <br /> distance and the setback to the ACEC to allow for construction of a single-family home <br /> on property located in an R-3 zoning district at 304 Redbrook Road (Map 109 Parcel 8) <br /> Mashpee, MA. Current Owner: Paul Koch <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 April 9, 2004 and April 16, <br /> 2004, copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was scheduled on the Petition at the Mashpee Town Hall on <br /> Wednesday, April 28, 2004 and continued until June 23, 2004 at which time the <br /> following members of the Zoning Board of Appeals were present and acting throughout: <br /> James Regan, Robert Nelson and Marshall Brem. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Mr. David Sanicici of Cape &Islands Engineering represented the application. <br /> This property in questions is 1.59 acres and lies in the ACEC area. Mr. Sanicici has <br /> outlined a portion of the plans the Board is reviewing to show where his client could <br /> ef was allowed. There would be a small triangle of <br /> build a house it no zoning reli <br /> available space not even large enough for a house. The current zoning requires there to <br /> be a 25' buffer from the ACEC area and 35' (at minimum) from the BVW. If <br /> construction had begun before the ACEC was created,the petitioner would not be here. <br /> He is seeking to build a 3 bedroom house which is minimum considering the size of the <br /> f <br />