05/22/2002 ZONING BOARD OF APPEALS Decisions

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DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICHAEL A.DUNNING* SHELLBACK PLACE EMAIL ADDRESS KEVIN M.KIRRANE 133 ROUTE 28 dunkir@cape.com ELIZABETH A.McNICHOLS BOX 560 BRIAN F.GARNER MASHPEE,MA 02649 WEB SITE SEAN P.EARLY 508-477-6500 dunnmgkuTane.com PATRICIA McGAULEY FAX 508-477-5697 *Also admitted Illinois Bar March 27, 2002 Mr. Edward Govoni. Cbairman Mashpee Zoning Board of Appeals 16 Great Neck Road North Mashpee, MA 02649 Dear Mr. Govoni: Please be advised that my office represents Mr. and Mrs. Donald B. McIntyre. The McIntyre's are owners of a property situated at'190 Waterway, shown as Block 95 on Assessors Map 111. On June 19, 2001, the ZoningBoard of Appeals ppeals granted Variance Relief to the McIntyre's with regard to the set back requirement from water and wetlands to allow for the construction of a single family residence with a breezeway and attached garage on the aforementioned property. Subsequent to the issuance of the Variance and in a complete reversal of an earlier 1999 written opinion, the Building Inspector determined that the aforementioned lot had merged with the McIntyre's adjacent residential property. That being the case, the McIntyre's have applied for Variance Relief to establish the separate building status of both the vacant lot and the lot upon which they constructed their home many years ago. In light of the need for this additional relief, it would appear that the McIntyre's would be unable to undertake substantial construction within the one-year period under the Variance (V-01-65) previously granted. Under these circumstances, it is respectfully requested that the Board vote to authorize a six month extension of said Variance to December 19, 2002 as is authorized under General Laws Chapter 40 A, Section 10 and under the local by-law. Thank you in anticipation of your cooperation in this regard: Very cul r X79 7 Z t,a G id ' ! Kevin M. Kirrane w:\dk9\kmk\mci tyrell,eiAg.doc i