01/10/2001 ZONING BOARD OF APPEALS Decisions

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"" Town o Mashpee ' A 16 Great Seck Xoad Xorth uix MASHPEE ZONING BOARD OF APPEALSNashpee, Massachusetts 02649 � i Decision for a Variance RE: Jeffrey P. &Diane C. Keohane V-01-1 6 Cross Tree Way Map 112 Block 20 A Petition was filed on November 12, 2000 by Jeffrey P. and Diane C. Keohane of Barrington,Illinois for a Variance from Section 174-33 of the Zoning By-laws for permission to vary the setback requirements to water and wetlands to allow for construction of a single-family home on property located in an R-3 zoning district at 6 Cross Tree Way(Map 112 Block 20)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, I a newspaper of general circulation in the Town of Mashpee, on December 22 and i. December 29, 2000. A Public Hearing was held on the Petition at the Mashpee Town Hall on ! !I Wednesday, January 10, 2001, at which time the following members of the Zoning Board i . of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G.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. Building Commissioner Russell W. Wheeler confirmed that, according to recent w Town Counsel opinion, any lot existing before 1989 does not need approval from the Zoning Board of Appeals under Section 174-33 for permission to encroach upon the setback requirements to water and wetlands. The Conservation Commission has jurisdiction on this matter and has approved the project. No comments were received from abutters. Mr. Sanicki requested Withdrawal Without Prejudice.of the Petition for a Variance. The Board voted unanimously to accept the Request for Withdrawal Without Prejudice of the Variance,V-01-1. i