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Town ofMashpee <br /> BOATM OF APPEALS 16 Great Neck qtoad Xorth <br /> Decision for a Variance Mashpee, Massachusetts 02649 <br /> RE: North River Realty Trust V-99-17 163 Wheeler Road <br /> Map 49 Block 49 <br /> A Petition was filed on January 29, 1999 by North River Realty Trust for a <br /> Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot size <br /> and frontage requirements on property located in an R-5 zoning district at 163 Wheeler <br /> Road(Map 49 Block 49), Mashpee, MA. <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 February 5 and February <br /> 12, 1999, a copy of which is attached hereto and made a part hereof <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, February 24, 1999, at 7:30 P.M. at which time the following members of the <br /> Board of Appeals were present and acting throughout: Edward M. Govoni, James E. <br /> Regan TH and Richard T. Gueffera. <br /> This Decision is issued by the Mashpee Board of Appeals pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpce Zoning By-laws. <br /> Attorney Kevin Kirrane represented the applicant and stated that the undeveloped <br /> vacant lot contains in excess of 43,600 square feet. He reminded the Board that, <br /> as a result in the change of the By-laws, the lot sizes in the R-5 zoning district were <br /> increased to 80,000 square feet. Attorney Kirrane stated that in order for the lot to be <br /> considered to be individually buildable, there is a need for variance relief from the lot <br /> size and frontage requirements. Mr. Carleton MacDonald, one of the trustees, also <br /> attended the meeting. <br /> Attorney Kirrane submitted a map showing that the lot is much larger than most <br /> of the other lots in the neighborhood. Attorney Kirrane submitted a letter from the <br /> Assessor's office indicating that the lot has been taxed and assessed separately since <br /> 1991. He also submitted a document showing that taxes have been paid up to date. <br /> Mr. Govoni read a letter from abutters, Jane Leonard and Sheila Celli, in <br /> opposition to the project. They mistakenly thought that the proposal was to split the lot <br /> into two separate lots. <br />