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10 VN <br /> lown of Mashpce <br /> 16 Grcat Ncck, 1�oo,d No)rth <br /> A,\. <br /> Alash)cc, NlossochUSCtts 02€49 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> Re: Wayne MacKinnon 17 Cross Street <br /> Map 128 Parcel 21 <br /> V-04-154 <br /> A Petition was filed on October 19, 2004 for a Variance from Section 174-31 of <br /> the Zoning By-laws to vary the current setback requirements and lot coverage maximum <br /> on property located in an R-3 zoning district at 17 Cross Street(Map 128 Block 21) <br /> 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, <br /> a newspaper of general circulation on October 22, 2004 and October 29, 2004, a copy of <br /> which is attached hereto and made a part in the Town of Mashpee, on hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday,November 10, 2004, December 8, 2004, January 12, 2005 and finally on <br /> February 2, 2005 at which time the following members of the Zoning Board of Appeals <br /> were present and acting throughout: Robert Nelson, Zella Elizenberry, Frederick <br /> Borgeson and Evano Cunha. <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 /> John Slavinky of Cape & Islands Engineering represents the petitioner in this matter. <br /> They are seeking a variance and a special permit in order to tear down the existing <br /> dwelling and rebuild a new dwelling, larger in size and therefore a variance is necessary <br /> for setback relief and landspace. Mr. Slavinsky explains to the Board that petitioner's <br /> land consists of 2 parcels; one containing 6,000 square feet and another which has Rock <br /> Landing Road running through it, contains 3,000 square feet and is referred to as a <br /> "buffer zone". These parcels are registered in land court as such and petitioner has <br />