11/09/1994 ZONING BOARD OF APPEALS Decisions

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TOH1'C4, _ ToWn of ftlaobpee \' 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 ABLE[O- Decision on an Appeal RE: Robert L. and Eileen M. Gauthier - N . O.A. 94-84 An Appeal was filed by Robert L . and Eileen M. Gauthier of Mashpee , Massachusetts on October 7 , 1994 appealing the Decision of the Building Inspector denying a building permit in an R-3 zoning district on property located at 12 Metacomet Road (Map 125 , Block 71 ) Mashpee , Massachusetts . The denial was based on the determination by the Building Inspector that the lot does not meet the requirements of Section 174-21 of the Zoning By-laws or M.G.L . Chapter 40A, Section 6 . i Notice was duly given toabutters 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 October 21 . and October 28 , 1994 , a copy of which is attached hereto and made a part hereof . A Public Hearing was held on the Appeal at the Mashpee Town Hall on Wednesday, November 9 , 1994 at 7 : 30 P .M. at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni , James E. Regan iii and Cheryl A. Hawver . Mr . and Mrs . Gauthier represented their Appeal and informed the Board that they had purchased two adjoining lots in the South Cape Beach Estates subdivision on May 2 , 1972 -- Lots 70 and 71 . In 1976 they built a year-round home on Lot 70 and Lot 71 has been maintained and taxed as a separate buildable lot for the past 22 years . Mr . Gauthier explained that they had a buyer for Lot 71 and he applied for a Building Permit which was denied on September 22 , 1994 . Comments were received from residents in the area in favor of the petitioners . The Board was informed that Lot 71 is one of four undeveloped lots in the immediate neighborhood and the only one in common ownership with adjoining land.