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4Ni°NN 4r,� <br /> r: <br /> 16 GREAT NECK ROAD NORTH <br /> �gBLE 4 MASHPEE, MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> FOR A SPECIAL PERMIT <br /> RE: Elizabeth A. Connolly for a Special Permit SP-92-57 <br /> A Petition was filed by Elizabeth A. Connolly 'of Chelmsford, <br /> Massachusetts for a Special Permit under Section 174-17 of the <br /> Zoning By-laws for permission to expand a non-conforming structure <br /> with the replacement of a seasonal cottage with a year-round home <br /> in an R-3 zoning district on property located at 39 Kim Path (Map 117, <br /> Block 91) Mashpee, Massachusetts. (Owner of record: Louis McMenamy 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 July 24 and July 31, 1992, 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 Hall <br /> on Wednesday, August 12, 1992 at 7:30 P.M. at which time the following <br /> members of the Board of Appeals were present and acting throughout: <br /> John J. Friel, Michael A. Makunas and Edward M. Govoni. <br /> Edward Connolly Jr. represented the applicant and presented plans <br /> for a new home to replace a seasonal cottage. He explained that the <br /> present structure is in disrepair and will be replaced with a structure <br /> 1% larger with a height of 28'6". The Board determined that since the <br /> new construction requires placement closer to the street to accomodate <br /> a new septic system that a Variance on setbacks is also required. <br /> The Board found that the use is in harmony with the general purpose <br /> and intent of the zoning by-laws and complies with the provisions therein. <br /> The Board agreed that the extension, alteration and change would not <br /> be more detrimental to the neighborhood than the existing nonconforming <br /> use. <br />