03/14/2001 ZONING BOARD OF APPEALS Decisions

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`town of Mashpee x 16 Great Xeck Toad Sorth A all MASHPEE ZONING BOARD OF APPEAI&ashpee, Massachusetts 02649 B Decision for an Appeal of Building Commissioner's Order RE: Mark& Susana Gorstein A-0 1-25 133 Tide Run Map 120 Block 180 A Petition was filed on January 12, 2001 by Mark and Susana Gorstein of Mashpee, Massachusetts for an Appeal of the Building Commissioner's Decision to issue a building permit to Frederick R. and Lois S. Glass to allow for construction of a single-family home on property located in an R-3 zoning district at 133 Tide Run (Map 120 Block 180)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 February 23 and March 2, 2001, 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, March 14, 2001, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III,Richard T. Guerrera and Frederick R. Borgeson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A and the Town of Mashpee p Zoning By-laws. At the request of the attorneys,the Board voted unanimous) to continue the Petition until the March 28, 2001 Public Hearings. At the continued hearings on March 28, 2001,Attorney Jennifer S. D. Roberts j represented the Petition. Attorney Kevin M. Kirrane represented Mr. and Mrs. Glass. Attorney Roberts went into a lengthy dissertation of the background of the subject property. A Petition was filed on March 5, 1999 by Fred Glass of Jupiter, Florida for a Variance from Sections 174-31 174-85 and 174-86.F. of the Zoning By-laws for permission to construct a new dwelling within the ACEC and to vary the front yard setback requirements on property located in an R-3 zoning district at 133 Tide Run. The Zoning Board of Appeals voted unanimously on April 28, 1999 to grant the Variance and allow the applicant permission to construct a new home within the ACEC. On August 23, 1999 the Zoning Board of Appeals received a letter from Cape & Islands Engineering on behalf of the applicant for a modification of Variance V-99-24.