03/09/2005 ZONING BOARD OF APPEALS Minutes

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{OYy Town of Mashpee 16 Great AA �koael.1Vorth. _Utshpee, Vassachusetts 02649 `sltlltF(-�" MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Lisa Drake 417 Monomoscoy Road Map 100 Parcel 59 V-05-30 A Petition was filed on February 15, 2005 for a Variance from Section 174-31 of the Zoning By-laws to vary the current setback requirements in order to build a new dwelling on property located in an R-3 zoning district 417 Monomoscoy Road (Map 100 Parcel 59) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation on February 18, 2005 and February 25, 2005, a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. The Petition was continued from its original hearing date of March 9, 2005 until May 11, 2005 at the request of the attorney to allow the Petitioner an opportunity to receive Conservation Commission approval. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, May 11, 2005, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Frederick Borgeson, Evano Cunha, Jonathan Furbush and Marshall Brem. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Attorney Theodore Schilling represents the applicant at this hearing. They are seeking special permits for both 413 and 417 Monomoscoy Road to tear down both existing dwellings and rebuild one new dwelling on the newly combined lots. Both dwellings and lots are pre-existing non-conforming. The new lot will have a total of 32,000 square feet just short of the required 40,000 square feet for the R-3 zoning district.