04/14/2004 ZONING BOARD OF APPEALS Minutes

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,iown of Alashpee 16 Great J�eck koad JM)rtl2 Alassocil,t,tsctts 02649 �Q�itUlk L�"h� MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Howard Glaser 397 Great Oak Road Map 126 Parcel 49 V-04-53 A Petition was filed on March 22, 2004 by Howard Glaser of Mashpee, Massachusetts for a Variance from Section 174-85 of the Zoning By-laws for permission to vary the setback requirements from the ACEC to allow for construction of a 3- bedroom dwelling on property located in an R-3 zoning district at 397 Great Oak Road (Map 126 Parcel 49)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 in the Town of Mashpee, on March 26, 2004 and April 2, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, May 12, 2004, Wednesday, June 12, 2004 and Wednesday July 28, 2004, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson, Marshall Brem and Richard Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. John Slavinsky of Cape &Islands Engineering along with Attorney Rob Mills represents the applicant at this continued hearing. Mr. Slavinsky tells the board that originally the appl icant did not need a variance to build because the Town had agreed to move the water main that was on their lot. The Town decided not to move the water main and instead asked the applicant to put the septic system further away from the water main. In so doing, this has now pushed them into the ACEC area thus the reason for the i 1