11/10/1999 ZONING BOARD OF APPEALS Decisions

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own of Alashpee 3 MASHPEE ZONING BOARD OF APPEALS 16 Great Jlreck load J�orth Washpee, Massachusetts 02649 Decision for a Variance RE: Robert& Kathleen Gilmartin V-99-102 15 Cross Street Map 128 Block 20 A Petition was filed on October 18, 1999 by Robert and Kathleen Gilmartin of Crofton, Maryland for a Variance under Section 174-31 of the Zoning By-laws for permission to vary the front setback and lot coverage requirements to allow for construction of a single-family home on property located in an R-3 zoning district at 15 Cross Street(Map 128 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, a newspaper of general circulation in the Town of Mashpee, on October 22 and October 29, 1999, 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, November 10, 1999, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson and Frederick R. Borgeson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane and Mr. John Slavinsky of Cape & Islands Engineering represented the applicants. Attorney Kirrane submitted an outline and architectural plans and stated that the lot is a pre-existing, non-conforming lot. The lot, along with the other lots in the area, is very small and was created prior to the Town's adoption of the Zoning By-laws in 1959. Attorney Kirrane stated that the existing building on the lot does not meet the front, side and rear setback requirements of the current Zoning By-laws. The current lot coverage is 26.4 % and the proposed lot coverage would be 31.3%.