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Town of Mashpec <br /> 16 Gma,t JVcck Poad Voi-th <br /> Vaslipce, Nla ssacI2usats 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Special Permit <br /> RE: Michael and Melanie Corwin 48 Fells Pond Road <br /> Map 116 Block 25 <br /> SP-07-11 <br /> A Petition was filed on December 28, 2006 for a Special Permit under Sections <br /> 174-17; 174-20; 174-24(c); 174-59 and 174-63 of the Zoning By-laws for permission to <br /> raze and replace a pre-existing non-conforming structure on property located in an R-3 <br /> zoning district at 48 Fells Pond Road (Map 116 Block 25) 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, <br /> a newspaper of general circulation in the Town of Mashpee, January 12, 2007 and <br /> January 19, 2007 a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, February 14, 2007, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Jonathan Furbush, James Reiffarth and George Bolton. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Kevin Kirrane of Dunning & Kirrane represents the applicant at this <br /> hearing. They are seeking a special permit and a variance in order to raze and replace the <br /> existing dwelling. They dwelling is a pre-existing non-conforming house and they are <br /> proposing a new dwelling that is not anymore detrimental to the area. They still are not <br /> far enough from the wetlands and cannot meet the existing setback requirements, <br /> however they will not be more non-conforming in the proposed situation. The site <br /> contains 16,700 square feet and has frontage of 100 feet along Fells Pond Road. Current <br /> zoning requires 150 feet of frontage, 40 feet from the front for the dwelling and 15 feet <br /> on the side setbacks. Applicant is seeking to upgrade the property as is evident of what <br />