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Town of Nashpec <br /> 16 (3-i-cat MA 1�()a(_l <br /> 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Special Permit <br /> RE: Omar and Carol Smaykiewiez 47 Wampanoag Drive <br /> Map 72 Parcel 90 <br /> SP-04-166 <br /> A Petition was filed on November 9, 2004 for a Special Permit under Section <br /> 174-45.4 of the Zoning By-laws to build an accessory apartment on property located in <br /> an R-5 zoning district at 47 Wampanoag Drive (Map 72 Parcel 90) 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,November 19, 2004 and <br /> November 26, 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, December 8, 2004 at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: James Regan, Robert Nelson, <br /> Zella Elizenberry, Marshall Brem and Richard Guerrera. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Omar and Carol Smaykiewicz represent themselves at this hearing. They are <br /> seeking a special permit in order to build an accessory apartment for their daughter. They <br /> do not wish to change the footprint of the dwelling and the Board of Health has signed <br /> off on the project. The Board feels this is a reasonable request and moves to grant the <br /> Special Permit. <br /> GENERAL FINDINGS <br /> 1. that the subject lot is located at 47 Wampanoag Drive and contains 12, 500 <br /> square feet. <br /> SPECIAL PERMIT CRITERIA <br /> § 174-45.4 of the Zoning By-laws states: <br />