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10/08/2003 ZONING BOARD OF APPEALS Decision
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10/08/2003 ZONING BOARD OF APPEALS Decision
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Town of Mashpee <br /> 16 Great Xeck load Xorth <br /> MASHPEE ZONING BOARD OF APPEA <br /> 4aslipee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: William Staples 89 Horseshoe Bend Way <br /> Map 40 Parcel 5 <br /> V-03-135 <br /> A Petition was filed on September 16, 2003 by William Staples for a Variance <br /> from Sections 174-31 and 174-32of the Zoning By-laws seeking relief from the frontage <br /> setback requirements, lot size requirements and fire protection code to have a crushed <br /> stone access roadway in order to build a house and deck on property located in an R-5 <br /> zoning district at 89 Horseshoe Bend Way (Map 40 Parcel 5) 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 September 26, 2003 and <br /> October 3, 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, October 8, 2003, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Richard Guerrera and <br /> Marshall Brem. <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 /> David Sanicki of Cape & Islands Engineering represents his client at this hearing. <br /> A variance was previously granted in 1999 (V-99-43) but the house was never built. <br /> They are simply seeking a re-issue of the expired variance. They are seeking a 5-foot <br /> frontage variance and a 57,138 square foot land space variance along with the fire <br /> protection relief due to the gravel road access way. There are comments from direct <br /> abutters who are unhappy with this project. They discuss at length that they do not want <br /> this petitioner to build a house next door because he feels it will de-value his property. <br /> The Board feels the man has a right to build on his property and feels what he is asking is <br /> • reasonable. Since a previous variance granted in 1999, the Board is inclined to grant the <br />
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