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03/13/2019 ZONING BOARD OF APPEALS ZBA Decision
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03/13/2019 ZONING BOARD OF APPEALS ZBA Decision
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3/29/2019 5:00:41 PM
Creation date
3/29/2019 2:15:10 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
ZBA Decision
Meeting Date
03/13/2019
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ToTrn of Nlashpee <br /> J 16 Great,AcIck ltaacl_Ybrth <br /> `Yyy <br /> lashpe(,Wmsacluusetts 02049 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> SP-2019-16 <br /> Frank Thomas and Kristina Thomas Doc.: 1257451 <br /> 123 Shore Drive Ct£: 204859 <br /> (Map 117 Parcel 262) <br /> Mashpee, MA 02649 <br /> A Petition was filed on February 8, 2019 by Owners, Frank and Kristina Thomas <br /> request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre- <br /> existing non-conforming single family structure on property located in an R-3 Zoning <br /> District, and the Popponesset Overlay District, at 123 Shore Drive, Map 117 Parcel 262, <br /> Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on February 22, 2019 and March 1, 2019 a <br /> copy of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee <br /> Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on <br /> Wednesday,March 13,2019 at which time the following members of the Board of Appeals <br /> were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board <br /> Members, Scott Goldstein and Norman J. Gould, and Associate Member, Sharon <br /> Sangeleer. Also present was Building Commissioner, Michael Mendoza. <br /> Attorney Kevin Kirrane represented the Thomas family for Special Permit relief. <br /> Also present was Christina Thomas, homeowner. The existing structure is situated on a <br /> 9,300 sq. ft. lot and has frontage on both Kim Path and Shore Drive. The structure is <br /> currently non-conforming because it fails to meet the front yard setback criteria along both <br /> Shore Drive and Kim Path. However,after discussions with the client they have eliminated <br /> the setback non-conformity along Shore Drive so that the proposed setback along Shore <br /> Drive to the structure would be 26 ft. which is in conformance and exceeds the 25 ft. front <br /> yard setback requirement in the Popponesset Overlay District. <br /> 1 <br />
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