09/10/2003 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee 3 16 Great JVeck Poad korth `�ApIE�V W MASHPEE ZONING BOARD OF APPEALkashpee, Massachusetts 02649 Decision for a Variance RE: Susan Musto 6 Tuspaquin Road Michael Musto Trust Map 72 Parcel 4A Flying Squirrel Nominee Trust V-03-120 A Petition was filed on August 19, 2003 by Susan Musto for a Variance from Section 174-31of the Zoning By-laws for permission to vary the setback requirements in order to build a 24' x 36' house on property located in an R-5 zoning district at 6 Tuspaquin (Map 72 Parcel 4A) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on August 22, 2003 and August 29, 2003, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on • Wednesday, September 10, 2003, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Marshall Brem, James Regan and Robert Nelson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. David Sanicki of Cape & Islands Engineering represents the petitioners in this matter. They are seeking to demolish the existing fire damaged dwelling and rebuild the house. The new septic system has already been installed and was obviously undamaged in the fire. They have received conservation approval. The Board mentions that a new dwelling will be an improvement to the neighborhood. Zella Elizenberry moves to grant the Special Permit and the Variance. Richard Guerrera seconds the motions. GENERAL FINDINGS 1. that the subject property is located at 6 Tuspaquin Road and contains about 12,000 square feet.