05/26/2004 ZONING BOARD OF APPEALS Minutes

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0 wn of Mashpce 16 Great,Xeck load-i)rdt 1�lasl�,j�ee 1�lassacltusetts 0,2649 �AUt.E Lys, , MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Lawrence and Josephine Cohen 8 Bowsprit Point Applicant: Robert Najarian Map 105 Parcel 222 V-04-73 A Petition was filed on April 23, 2004 by Lawrence and Josephine Cohen for a Variance from Section 174-59 of the Zoning By-laws in order to rebuild a new structure at or below the eleven foot base flood elevation on property located in an R-3 zoning district at 8 Bowsprit Point (Map 105 Parcel 222) 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 May 7, 2004 and May 14, 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, May 26, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Robert Nelson and Zella Elizenberry, The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kieran of Dunning and Kirrane represents the petitioners at this hearing. They are seeking a Variance in order to rebuild a new structure with a basement at or below the eleven foot flood plain elevation The lot is a combination of two lots (# 67 and 68)totaling 41,000 square feet which conforms to present-day size and frontage requirements. The current structure fails to conform to the present day setback requirements, namely front, back and sides. It also has a sub-surface sewage disposal system that has failed inspection The proposed dwelling would consist of 3900 square