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Town ofMashpee <br /> 16 Great Neck P-oad Aorth <br /> BOARD OF APPEALS Mashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: William McElroy V-98-105 403 Great Oak Road <br /> Map 126 Block 48 <br /> A Petition was filed on June 17, 1998 by William McElroy of Warwick, Rhode <br /> Island, for a Variance from Sections 174-31, 174-33 and 174-86 of the Zoning By-laws <br /> for permission to vary the front setback requirements, the setback from the wetlands and <br /> to allow construction in the ACEC. The applicant proposes to construct a single family <br /> home with a front setback of 25 feet from Great Oak Road and a setback of 35 feet to the <br /> edge of the wetlands. The property is located in an R-3 zoning district at 403 Great Oak <br /> Road (Map 126, Block 48). (Owner of record: Christopher Burden TR.) <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 July 24 and July 31, 1998, <br /> 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, August 12, 1998, at which time the following members of the Board of <br /> Appeals were present and acting throughout: James E. Regan III, James M. Dorgan, <br /> Richard T. Guerrera and Robert G. Nelson. <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 /> Mashpee Zoning By-laws. <br /> Attorney Fain Gildea and Engineer Norman Hayes represented the applicant. Mr. <br /> Hayes indicated that a salt march and an ACEC line are in the proximity of the lots. He <br /> stated that no resource area exists within the ACEC area on the parcel. Ms. Gildea <br /> claimed that Little Neck Bay subdivision was granted a special exception to the Zoning <br /> By-laws and, therefore,the Board cannot enforce the Zoning By-Laws. <br /> Mr. Regan informed the Board that the subject lot is in Chapter 112. He read <br /> letters from Little Neck Bay Association and South Cape Civic Association, Inc. in <br /> intense opposition to the proposed development of the lot. The Conservation <br /> Commission also sent a letter with concerns related to coastal bank, coastal storm <br /> flowage and wildlife habitat. Mr. Regan questioned the manner in which lot coverage <br /> was determined and also expressed concern regarding the proposed construction of the <br /> small lot, <br />