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lown of Mashpee <br /> Wt Y <br /> 0. <br /> 16 (,wat JVeck (&oacl,or-th <br /> ]Wash pce, l)Ictssachuseas 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Special Permit <br /> RE: Barbara Beeby 41 Fiddler Crab Lane <br /> C/o Elliot and Anne Bloom Map 105 Parcel 103 <br /> 5P-05-31 <br /> A Petition was filed on February 9, 2005 for a Special Permit under Section 174- <br /> 17 of the Zoning By-laws for permission to change/alter a pre-existing non-conforming <br /> structure on property located in an R-3 zoning district at 41 Fiddler Crab Lane Road <br /> (Map 105 Parcel 103) 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, February 18, 2005 and <br /> February 25, 2005 a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition on March 23, 2005 and continued until <br /> April 12, 2005 at the Mashpee Town Hall at which time the following members of the <br /> Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella <br /> Elizenberry, Frederick Borgeson, Jonathan Furbush and Eric Dublirer. <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 represents the applicants in this hearing. They are seeking <br /> to raze and replace the existing dwelling and have filed for special permit and variance <br /> relief. Currently the dwelling exits as a 3,206 square foot dwelling and they are proposing <br /> to construct a 4,079 square foot house. In cluster developments they are allowed 30% lot <br /> coverage. However, this particular lot allows only 20% lot coverage. The lot was created <br /> in 1965 and had grandfathered setbacks of 7.5 feet and contained, at the time, 20,700 <br /> square feet whereby the proposed dwelling would total 19.7% lot coverage. However, <br /> currently, if measured from the MHW it contains 19,360 square feet excluding the land <br /> underwater. Thus, the proposed dwelling would be at 21% lot coverage. If all the <br />