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t s+Jy <br /> lown of Mashpce <br /> 16 Gr-eot Neck Toad Nor111, <br /> Mashpce, Wctsscrchusetts 02649 <br /> `�AUIF.Lam" <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Ethel McSweeney 107 James Cirlce <br /> Map 64 Parcel 62 <br /> V-04-153 <br /> A Petition was filed on October 5, 2004 for a Variance from Section 174-31 of <br /> the Zoning By-laws to vary the landspace requirements and frontage requirements under <br /> current zoning to deem this lot buildable. This property is located in an R-5 zoning <br /> district at 107 James Circle (Map 64 Parcel 62) 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 October 8, 2004 and <br /> October 15, 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, October 27, 2004 at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Marshall Brem, James Regan and Zella <br /> Elizenberry, Richard Guerrera and Robert Nelson. <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 /> Ms. Joan Muse, petitioner's realtor is representing them. The Building Inspector <br /> declared this lot unbuildable due to contiguous ownership with an adjacent lot that was in <br /> Ms. McSweeney's husband's name. Mr. Harris and his wife presently reside at 103 <br /> James Circle. Ms. McSweeney (her maiden name) owns 107 James Circle which makes <br /> the lot adjacent to hers at 97 James Circle a contiguous situation. This lot was put in her <br /> maiden name and kept this way for over 20 years. They have been paying taxes as <br /> buildable lots for all of this time and want to appeal the building inspector's decision. <br /> They have submitted their tax records and subdivision plans. The Board feels this is <br /> similar to several matters that have addressed previously. Marshall Brem moves to both <br /> �h <br />