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TOWN OF MASHPEE <br /> Board of Appeals <br /> DECISION FOR A VARIANCE <br /> RE: Petition of Nancy Ker•r•igan for• a Variance - V-89-02-28 <br /> A Petition was filed by Nancy Kerrigan of Falmouth, <br /> Massachusetts for a Variance from Section 7.6 of the Zoning <br /> By-laws for• permission to build a single family dwelling in an <br /> R-5 zoning district on property located at 17 Lettie Lane (Map <br /> 36, Block 47D) Mashpee, MA. (Owner of record: Thomas R. <br /> Saunders) . <br /> Notice was duly given to abutters in accordance with <br /> Massachusetts General Laws Chapter• 40A. Notice was given by <br /> publication in The Falmouth Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee on March 27 and April 3, <br /> 1989, a copy of which is attached hereto and made a part hereof. <br /> A public hearing was held on the Petition at the Mashpee <br /> Town Hall on Wednesday, April 12, 1989 at 7:30 p.m. at which <br /> time the following members of the Board of Appeals were present <br /> and acting throughout: Cheryl A. Hawver, Michael A. Makunas and <br /> Richard E. Halpern. <br /> Attorney John Connolly represented the applicant. He <br /> presented plans of a subdivision on Lettie Lane which included <br /> four residential lots. <br /> Testimony was received from the Fire Department stating <br /> that access to Lettie Lane from Goodspeed Meetinghouse Road was <br /> unacceptable and would not be accessible for firefighting <br /> apparatus or• ambulances. Mr. Connolly stated that his clients <br /> were willing to improve Goodspeed Meetinghouse Road to provide <br /> access to Lettie Lane. <br /> On May 24, 1989 the Board of Appeals voted to deny the <br /> application without prejudice and the decision was filed with <br /> the Town Clerk on June 6, 1989. <br /> The Decision was appealed to the Superior Court on June 26, <br /> 1989 Doc. No: 89-710 pursuant to Massachusetts General Laws <br /> Chapter 40A Section 17. This matter was remanded to the Mashpee <br /> Board of Appeals by order of the Superior Court on July 31, 1990 <br /> in accordance with the Stipulation of the Parties: <br /> 1. the above-entitled matter• shall be remanded to the <br /> Mashpee Zoning Board of Appeals. <br /> 2. The Mashpee Zoning Board of Appeals shall issue a <br /> variance to the Plaintiff, their• heirs, executors, successors or• <br /> assigns from Section 7.6 of the Zoning Bylaws upon the following <br />