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Town of Mashpee <br />APPEALS 16 Great JVeck load Jlrorth <br />RE: Elizabeth Fulton <br />Decision for a Variance Mashpee, Massachusetts 02649 <br />5 Point Road <br />Map 114 Parcels 38B and 38C\ <br />A Petition was filed on January 27, 2003 for a Variance from Section 174-31 of <br />the Zoning By-laws for permission to combine lots #517, #518, #519 and 4520 to deem <br />the lot buildable. This property is located in an R-3 zoning district at 5 Point Road (Map <br />114 Parcels 38B and 38C) 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 January 31, 2003 and <br />February 7, 2003 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, February 12, 2003, and continued to Wednesday May 28, 2003 at which <br />time the following members of the Zoning Board of Appeals were present and acting <br />• throughout: Robert Nelson, Zella Elizenberry and Marshall Brem. <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 />Attorney Jeremy Carter represents the petitioner Elizabeth Fulton. This matter was <br />continued from February 12, 2003 so that the petitioner could obtain legal counsel. <br />Attorney Carter described the facts of the lot ownership. Petitioner owns several lots of <br />land on Point Road and is seeking a Variance to combine these small parcels to make this <br />a buildable lot. She has owned this property since 1997. These lots predate zoning. Mr. <br />Nelson moves to grant a variance to combine lots #517, #518, 4519 and #520 be <br />combined into one lot which would then contain 12,761 square feet and would be <br />comparable to other lots in the vicinity. It has been demonstrated that there is a <br />topographical hardship regarding drainage which the owner proposes to correct if given <br />the variance. The Board moves to grant a Variance on the following conditions: <br />