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Town of Mashpee <br /> Muhpcv,Mmsachztsetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DENIAL OF A VARIANCE DECISION <br /> V-2022-09 <br /> Owners, Stewart M. Dobson and Doc.: 1135106 <br /> Barbara A. Dobson Ctf: 19081.4 <br /> 162 Whippoorwill Circle <br /> (Map 125 Parcel 140) <br /> Mashpee, MA 02649 <br /> A Petition was filed on January 24, 2022 by Owners, Stewart M. Dobson and Barbara A. <br /> Dobson requesting a Variance under §174-31 of the Zoning Bylaws to vary the height of a <br /> single family residence on property located in an R-3 Zoning District,Map 125 Parcel 140, <br /> Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on February 4, 2022 and February 11, 2022 a copy of <br /> which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> February 23, 2022 as a hybrid meeting at which time the following members of the Board <br /> of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice <br /> Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman <br /> J. Gould. <br /> Attorney Kevin Kirrane represented the homeowners of the Variance request relative to <br /> the height of a recently reconstructed building structure on their property. The Board <br /> granted a Variance back in 2018.As provided in his written presentation the bylaw Section <br /> 174-17.1 had not yet been adopted and did not have the Special Permit criteria. The <br /> Building Commissioner at the time felt that every project that called for raze and replace <br /> required variance relief if it was situated on a non-conforming lot. The applicant applied <br /> for variance relief and received a Variance to raze and replace a single family structure on <br /> this non-conforming lot. <br /> The building has been completed since June of 2021 and does not have a Certificate of <br /> Occupancy because of the height issue. The building is 1.8 feet higher than the permissible <br /> 35 ft. height restriction in this particular zoning district. As some point during the <br /> construction process a mistake was made. A foundation was installed and it was inspected. <br /> 1 <br />