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R, <br /> s� Town of Mashpee <br /> J <br /> N� MASHPEE ZONING BOARD OF APPEALS 16 Great Jlreck load Jlrorth <br /> �.��RIZ Mashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: Daniel P. &Michelle R.Bulger V-99-116 Map onaha of et Olad <br /> A Petition was filed on November 9, 1999 by Daniel P. &Michelle R.Bulger of <br /> South Boston,Massachusetts for a Variance from Sections 174-31 and 174-33 of the <br /> Zoning By-laws for permission to vary the lot coverage requirements,the front setback <br /> requirements and the setback requirements from water and wetlands to allow for <br /> construction of a single-family dwelling on property located in an R-3 zoning district at <br /> 51 Monahansett Road(Map 123 Block 101)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 November 19 and <br /> November 26, 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, December 8, 1999, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: James E. Regan III, Robert G. <br /> Nelson and Richard T. Guerrera. <br /> The Mashpce Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Mr. John Slavinsky of Cape & Islands Engineering represented Mr. and Mrs. <br /> Bulger,who also attended the meeting. The applicants purchased the subject lot in July <br /> 1999. <br /> The Conservation Commission required the applicants to hire a professional <br /> botanist to delineate the wetlands. The applicants presented to the Conservation <br /> Commission a proposal for their home to be built 35 feet from the wetlands and 15 feet <br /> from the street. The Conservation Commission stated that the noise from the proposed <br /> cantilevered deck would have an adverse impact on the wildlife and requested that the <br /> house be relocated closer to the street. Mr. Slavinsky pointed out that the Popponesset <br />