12/13/2000 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee s J'y v MASHPEE ZONING BOARD OF APPEALS 16 Great Veck Pv9ad Arth Mashpee, Massachusetts 02649 Decision for a Variance RE: Donald J. & June M. Richard V-00-211 171 West Way Map 82 Block 12 A Petition was filed on November 1, 2000 by Donald J. and June M. Richard of Lakeway, Texas for a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback requirements from water and wetlands to allow for construction of a pool on property located in an R-3 zoning district at 171 West Way (Map 82 Block 12)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 November 24 and December 1, 2000, 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, December 13, 2000, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G.Nelson,Richard T. Guerrera and Zella E.Elizenberry. 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. Mr. Michael Grotzke represented the Petition and stated that the subject lot was created in 1973 and predates Zoning. As a result of recent Town Counsel opinion,the Building Commissioner has determined that the Petitioner does not need to apply for a Variance from the Zoning Board of Appeals. Mr. Grotzke requested Withdrawal Without Prejudice of the above-referenced Petition. The Board voted unanimously to accept the Request for Withdrawal Without Prejudice of the Petition for a Variance,V-00-211.