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IOU"\4, •. <br /> � 4, ToWn of 3%a bpee <br /> 16 GREAT NECK ROAD NORTH <br /> MASHPEE, MA 02649 <br /> �A eLE CO' BOARD OF APPEALS <br /> DECISION <br /> FOR A SPECIAL PERMIT <br /> RE: James A. Warner for a Special Permit - SP-93-39 <br /> A Petition was filed by James A. Warner of Woodville, Massachusetts <br /> for a Special Permit under Section 174-25.A.8 of the Zoning By-laws for <br /> permission to construct a single family dwelling with an in-law apartment <br /> to replace two non-conforming dwellins in an R-3 zoning district on <br /> property located at 71 Seconsett Island Road (Map 119, Block 104) <br /> Mashpee, Massachusetts. One of the existing non-conforming dwellings <br /> had been damaged by fire. (Owner of record: Ruth A. and James A. <br /> Warner Jr. TRS. ) . <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A. Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee <br /> on May 21 and May 28, 1993, a copy of which is attached hereto and <br /> made a part hereof. <br /> A. Public Hearing was held on the Petition at the Mashpee Town <br /> Hall on Wednesday, June 9, 1993 at 7:30 P.M. at which time the <br /> following members of the Board of Appeals were present and acting <br /> throughout: John J. Friel, Michael A. Makunas and Edward M. Govoni. <br /> Mrs. Warner explained that they had planned to replace two dwellings <br /> with a new structure which would contain an in-law apartment. The Board <br /> determined that the application should be heard under Section 174-17 of <br /> the By-laws and that the application was for demolition of two dwellings <br /> and reconstruction. The. Board found that the area- was intended for <br /> single family occupancy and voted unanimously to deny without prejudice <br /> the application for an in-law apartment. <br /> The Board determined that the construction of a single-family <br /> house was a permitted use and was in harmony with the general purpose <br /> and intent of the by-laws and complied with the provisions therein. <br /> The Board determined that the change to pre-existing nonconforming <br /> structures would not be a detriment to the neighborhood. <br />