08/23/1995 ZONING BOARD OF APPEALS Decisions

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�NF,TON1•� U Tonin of ftlaobpee 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 BOARD OF APPEALS Decision for a Special Permit RE: Ruth A. and James A. Warner, Jr. TRS. SP-95-55 71 Seconsett Island Road Map 119, Block 104 A Petition was filed by Ruth A. and James A. Warner, Jr. TRS of Woodville, Massachusetts, on July 30, 1995 for a Special Permit under Sections 174-17 and 174-20 of the Zoning By-laws for permission to replace a house damaged by fire with a new house and garage and to relocate an existing cottage on property located in an R-3 zoning district at 71 Seconsett Island Road (Map 119, Block 104) Mashpee, Massachusetts. 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 August 4, 1995 and August 11, 1995, 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, August 23, 1995 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, Kenneth E. Marsters and Robert G. Nelson. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 6 and Sections 174-17 and 174-20 of the Town of Mashpee Zoning By-laws. Builder Harry Miller represented the applicant and reviewed plans for a proposed new dwelling and garage and the relocation of an existing cottage. The Board was informed that the Board of Health has restricted habitation to the new dwelling excluding the garage and ruled that the existing cottage cannot be connected to the septic system. Comments were received from abutters who were concerned about the use of the existing cottage.