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4 it t <br /> CC s,- Fl i 1 <br /> a c F $ <br /> C t�J, c Y <br /> F ... risk ( 1(^�� ;,. � Ci4 14 o) , FI I/F <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION TO ACCEPT REQUEST <br /> WITHDRAWAL WITHOUT PREJUDICE <br /> SP-2011-20 <br /> Barbara G. Milton, et al, Trustee Assessor's Map 90 Parcel 97 <br /> 352 Mashpee Neck Road Registry of Deeds Title Reference: <br /> Mashpee, MA 02649 Book: 14603 Page: 103 <br /> A Petition was filed on May 13, 2011 by Barbara G. Milton, et al, Trustee for a <br /> Special Permit under Section 174-45.4 of the Zoning By-laws for permission to construct <br /> an accessory apartment in an existing home on property located in an R-3 zoning district <br /> at 352 Mashpee Neck Road(Map 90 Parcel 97)Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on May 20, and May 27, 2011 <br /> a copy of which is attached hereto and made a part hereof. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on July 13, <br /> 2011. The following members of the Board were present and acting throughout: Board <br /> Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James <br /> Reiffarth and Associate Member Ronald S. Bonvie. <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 /> Upon investigation, Acting Building Commissioner Charles R. Maintanis has <br /> determined that the Petitioner does not meet the criteria for grant of the Special Permit <br /> under the Zoning By-laws. At 85% of the gross floor area of the structure, the existing <br /> "accessory apartment" exceeds the maximum 40%allowed. Mr. Maintanis has requested <br /> the Petitioner to remove the privacy locks between the "accessory apartment" and the <br /> main dwelling. He will re-inspect to confirm that the dwelling is in compliance with the <br /> Zoning By-laws. <br /> On June 30, 2011 the Petitioner submitted a request for Withdrawal Without <br /> Prejudice of the above-referenced Petition. At the Public Hearings on July 13, 2011, the <br /> Board voted unanimously to accept the Petitioner's request for Withdrawal Without <br /> Prejudice. <br />