08/24/2004 ZONING BOARD OF APPEALS Minutes

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t�{C7t5`fy nf, W jr 1 Town of Alashpec 16 Great, ec k &ad J)W wlh 9Qy�^„�£4 -Wash,pee, M(issacliusetts 0264(3 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: George Lumsden 31 Bayview Road Map 119 Parcel 122 SP-04-109 A Petition was filed on August 3, 2004 by George Lumsden for a Special Permit under Sections 174-17 and 174-20 of the Zoning By-laws for permission remove and replace existing residential structures on property located in an R-3 zoning district at 31 Bayview Road(Map 119 Block 122) 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 August 6, 2004 and August 13, 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, August 24, 2004 and continued until September 22, 2004, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Robert Nelson, Zella Elizenberry, 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 9 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane represents the petitioner at this hearing. He is seeking a special permit in order to remove and replace existing residential structures. The property is situated at the corner of Bayview Road and Oliver Way on Seconsett Island. The lot currently consists of 7,578 square feet but contained 8,608 square feet when developed. A portion of the lot containing 1,030 square feet was taken by the Town of Mashpee in 1965 for the layout and construction of Bayview Road. Petitioners have owned this property since 1948 and it contains two single family residential structures thereon which pre-date zoning in the Town of Mashpee. These buildings are non- conforming since they fail to meet the current setback requirements and the use is non- '1.