09/13/1995 ZONING BOARD OF APPEALS Decisions

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ToWn of 16agbpee •. /• 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 BOARD OF APPEALS Decision on an Appeal of the Building Inspector's Decision RE: J. Patrick Riley NOA 95-59 26 Shorewood Drive Map 58, Block 36 A Petition was filed on August 18, 1995 by J. Patrick Riley Jr. of Mashpee, Massachusetts Appealing the Decision of the Building Inspector denying a building permit for a single family dwelling in an R-5 zoning district on property located at 26 Shorewood Drive (Map 58, Block 36) Mashpee, MA. The denial was based on the determination of the Building Inspector that the plans did not meet the setback requirements. 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 25, 1995 and September 1, 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, September 13, 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, Cheryl A. Hawver 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 15. Mr. Riley represented his Appeal and informed the Board that the subject lot is impacted by wetlands and that the proposed house had to be located 20' from the street. He explained that the Building Inspector refused a Building Permit and required a minimum 30' setback from the street. The Board reviewed the zoning history on the lot and determined that it had been created in 1963 when the zoning required a 20 foot front setback, 75 foot frontage and 7.5 foot side setbacks.