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Town of Mashpee <br /> MASHPEE ZONING BOARD OF APPEALS 16 greatJ�eck load Xorth ' I <br /> h' <br /> Mashpee, Massachusetts 02649 <br /> Decision for a Variance " <br /> i <br /> RE: Paul J. &Anne M. Powers, Sr. V-00-181 Map 119 Block 38 �I <br /> ! � <br /> 16 Bayview Road <br /> iI <br /> A Petition was filed on September 8, 2000 by Paul J. and Anne M. Powers, Sr. j <br /> of Worcester,Massachusetts for a Variance from Sections 174-33 and 174-86.D of the l <br /> Zoning By-laws for permission to vary the setback requirements to water and wetlands to f' <br /> allow for construction of an addition to an existing home on property located within the <br /> ACEC in an R-3 zoning district at 16 Bayview Road(Map 119 Block 38)Mashpee, MA. j <br /> I� <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 22 and <br /> September 29, 2000, a copy of which is attached hereto and made a part hereof. '! <br /> ,Ir <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on !il' <br /> Wednesday, October 11, 2000, at which time the following members of the Zoning Board i! <br /> of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson j <br /> and Marshall A. Brem. I; <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 /> Attorney Jeffrey W. Oppenheim,Architect Barbara Jones and Engineer Barbara <br /> Frappier represented the Petition. Mr. and Mrs. Powers also attended the meeting. <br /> I Ali <br /> Attorney Oppenheim said that plans call for removal of the existing <br /> three-bedroom home and construction of a new three-bedroom home, utilizing the <br /> existing foundation with cantilevers. <br /> Ms. Frappier from Warwick&Associates, Inc. referred to maps,plans and photos <br /> of the subject lot and said that hardship exists because of the close proximity of the top of <br /> the coastal bank to the property. The proposal would restore and enhance the ACEC by <br /> augmenting it with dense and numerous plantings and vegetation. <br /> ' I <br /> �M <br /> The.Conservation Commission and the Board of Health have approved the <br /> project. <br /> The Board and Building Commissioner William F. Hauck determined that the <br /> Petitioner must file for a Special Permit from the Board under Section 174-20 of the <br /> Zoning By-laws for removal of the existing dwelling. The Building Department would <br /> not be able to issue a building permit without grant of the Special Permit. <br /> I <br />