01/10/2001 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck koad Xorth Decision for a six-month Extension Mashpee, Massachusetts 02649 RE: Kenneth& Gail Anderson, Trs. 195 Ashers Path West-Map 52 Block 39 V-00-27 203 Ashers Path West-Map 60 Block 42 A Petition was filed on December 28, 1999 by Kenneth& Gail Anderson, li Trustees, of Mashpee, Massachusetts for a Variance from Sections 174-31 and 174-32 of the Zoning By-laws for permission to vary the lot size requirements,to combine two lots into one buildable lot and to allow for construction of a single-family dwelling on an unpaved road on properties located in an R-5 zoning district at 195 and 203 Ashers Path West(Map 52 Block 39 and Map 60 Block 42)Mashpee,MA. At the Public Hearings on January 26, 2000,the Board voted unanimously to grant the Variance, V-00-27. The Zoning Board of Appeals received a letter dated November 8, 2000 from Attorney Jeremy M. Carter on behalf of the Petitioner for an extension of the x. above-referenced Variance. Construction on the site has been delayed until the Petitioner- P receives Land Court approval of the proposal. At the Public Hearings on January 10, 2001,the Zoning Board of Appeals voted unanimously to grant the extension for a period of six months. This was allowed in compliance with Massachusetts General Laws Chapter 40A, Section 10,which reads: "If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided,however,that the permit granting authority in its discretion and upon written application by the grantee of such rights may `'" extend the time for exercise of such rights for a period not to exceed six months; and provided, further,that the application for such extension is filed with such permit granting authority prior to the expiration of such one year peri d". IN FAVOR: Edward M. Govoii IN FAVOR: aures E. Regan III IN FAVOR: Robert G. Nelson 3 ,Ij J0 HUI