04/14/2004 ZONING BOARD OF APPEALS Minutes

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OWN 0" Town oj'Mashpce 16 Great,Ycck Apad,.M)rth mashpce, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE Dry Harbor Enterprises 14 Wags Road Map 81 Parcel 6 Owner: Shirley Anne Ford V-04-57 A Petition was filed on March 22, 2004 by Dry Harbor Enterprises for a Variance from Section 174-31 of the Zoning By-laws for an 11,059 square foot landspace variance due to the substantial impact of an N Star utility easement reducing the original 51,000 square footage of the lot to 28,941 square feet on property located in an 1-1, R-3 and C-1 zoning district at 14 Wags Road (Map 81 Parcel 6) Mashpee, MA. Owner of Record: Shirley Anne Ford. with Massachusetts General Notice was duly given to abutters in accordance w 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 Public Hearings at 2, 2004, a copy of which is attached hereto and made a part hereof. P A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 28, 2004, Wednesday, May 12, 2004, Wednesday, July 14, 2004 and on Wednesday,November 10, 2004 at which time the following members of the Zoning throughout: Robert G.Nelson, James Regan, Board of Appeals were present and acting Richard T. Guerrera, Zella E. Elizenberry.and Marshall Brem. this Decision pursuant to the The Mashpee Zoning Board of Appeals issues tl ssachusetts General Laws Chapter 40A Section tO and the Town of provisions of Ma Mashpee Zoning By-laws. Attorney -iing &Kirrane, represents the petitioner at this Kevin Kirrane of Duni hearing that has been continued since March, 2004. There currently exists a lot along Route 28 in Mashpee containing 50,929 square feet that cannot be built upon without a landspace variance. There is a 20,800 square foot N Star Utility easement on this property that is impacting the lot by reducing the square footage to below the current