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tlf.I lY6t'ry n�, c <br /> lown of <br /> 16 Great V?ck �ko(td M)rth <br /> MASHPEE ZONING BOARD OF APPEAL8lashpee, Nlassachttsetts 0,2640 <br /> Decision for a Variance <br /> RE: Elizabeth Fulton 5 Point Road <br /> Map 114 Parcels 38B and 38C\ <br /> A Petition was filed on February 16, 2007 for a Variance from Section 174-31 of <br /> the Zoning By-laws in order to deem lot buildable. Original Variance has expired. This <br /> property is located in an R-3 zoning district at 5 Point Road (Map 114 Parcels 38B and <br /> 38C) 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 March 16, 2007 and March <br /> 23, 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, March 28, 2007 at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Frederick Borgeson, <br /> Jonathan Furbush, James Reiffarth and George Bolton. (Marshall Brem steps down) <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Jeremy Carter represents the applicant at this hearing. Attorney Carter <br /> explains that the original variance that was granted was given an extension of one year. <br /> They attempted to obtain a building permit and were told that the Variance had expired <br /> after only a 6 month extension and that the Zoning Board had, in error, granted the <br /> applicant a one year extension without realizing they were not allowed to do anything <br /> more than 6 months. Mr. Carter's applicant is now before the Board again requesting the <br /> same variance so the lot can be deemed buildable. Nothing has changed, the lots were <br /> combined and the drainage problems were taken care of. Mr. Nelson apologizes to the <br /> fi <br /> applicant for their error. The Board reviews the old file and the subdivision plan. There <br /> are two letters of support read into the record by Mr. Nelson from Barbara Hitchcock and <br />