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or <br /> Mashpee Zoning <br /> Board of Appeals Minutes <br /> May 14, 2003 <br /> 1 <br /> TOWN OF MASHPEE <br /> Zoning Board of,appeals <br /> Minutes - Wednesday, May 14, 2003 <br /> The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 14, <br /> 2003 at 7:00 P.M. at the Mashpee Town Hall. Board Members: vice Chairman Janes <br /> Regan, III, and Clerk Robert Nelson along with Associate Members Marshall Brem, and <br /> Zella Elizenberry, Richard Guerrcra were in attendance. <br /> Mr. Regan brought the hearing to order at 7:00 p.m. <br /> Continued litters <br /> Bay Point Realty Trust; Requests a Special Permit under Section 174-25-H-7 of the <br /> Zoning By-laws in order t build an accessory structure (private garage) n property that <br /> cannot be developed as a principle residential use located in an R-3 zoning district at One <br /> Point Road (Map 114 Parcel 3 9) Mashpee, MA. <br /> Bay Point Realty Trust; Requests a variance from Section 174-31 ofthe ZoningBy- <br /> laws to vary the front, side and rear setbacks and for land space requirements in order t <br /> build a private garage on property located in an R-3 zoning district at One Point Road <br /> (Map 114 Parcel Mashpee, MA. <br /> Sitting: Marshall Br m, Zella Elizenberry and Robert Nelson. <br /> Present for this petition are John Slavins y of Casae & Islands Engineering, Attorney <br /> Dick Terry and Eric Benway, Mr. Slavrnsl y continued his presentation from the last <br /> hearing with reference to the variance criteria necessary to have that granted. Auer <br /> further investigation into this matter and since the lot was created in 1913 there is n <br /> longer a need for this variance. There was no zoning at that time and therefore this lot n <br /> longer needs setback relief in the form of a variance. Attorney Terry informs the Board <br /> that they did not withdraw the variance request out of deference to the Building Inspector <br /> so that a standard can be set up. The Building Inspector concurs with this decision on the <br /> variance. Board member Marshall Brern states again that he does not want to see a <br /> building standing alone in a residential area attached to nothing with the possibility ofit <br /> deteriorating. Attorney Terry states there are no legal by-laws that support this. Mr. <br /> Benway suggests that as Mr. Felson had previously suggested at the last hearing, the land <br /> become part of his deed to his home so that they can and must be sold together. Mr. <br /> Benvay informs the board that all of the abutters are in compliance with this garage <br /> being built. He is just requesting a Special Permit at this point in order to get the <br /> accessory structure built. Mr. Nelson n vent to the Town Planner and was informed ed that <br /> this was a planning board issue and not a zoning board issue. Town Player suggested <br /> Mr. Felson go to Town Counsel for an answer. The answer cane back that they would <br />