04/12/2005 ZONING BOARD OF APPEALS Minutes

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4own of Alashwe 16 'reoi Afeek 1&ood,,M)i-1h tXja 1(issachuseffs 02649 s[l,pee, MASHPEE ZONING BOARD OF APPEALS Decision for a Variance Re: Mary Gunning 16 Rock Island Road Map 128 Parcel 22 V-05-43 A Petition was filed on March 2, 2005 and a revised application on April 14, 2005 for a Variance from Section 174-31 of the Zoning By-laws to vary the current setback requirements, lot coverage maximum and landspace requirements on property located in an R-3 zoning district at 16 Rock Island Road (Map 128 Block 22) 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 March 25, 2005 and April 1, 2005 a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 12, 2005 and Wednesday) May 11, 2005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry (only at the hearing on April 12, 2005) Frederick Borgeson, Evano Cunha and Jonathan Furbush. 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. Raul Lizardi-Rivera of Holmes and McGrath represents the applicant at this continued hearing from April 12, 2005. They are seeking a special permit to raze and replace the existing dwelling and a variance for setbacks and lot coverage. He mentions to the Board that a similar situation to a previously granted special permit and variance to property at 17 Cross Street was heard several weeks ago. They are proposing a 2- bedroom house with a new septic system. Mr.Nelson mentions that since Town Counsel was asked to intervene on this other matter, they will go ahead and use the same criteria