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V <br />Town of Mashpee <br />3 � <br />16 Great Xeck koad JVorth <br />Mashpee, Massachusetts 02649 <br />MASHPEE ZONING BOARD OF APPEALS <br />DECISION FOR A SPECIAL PERMIT <br />RE: Alan and Saundra Michaelson 62 Spoondrift Way <br />Map 112 Parcel 39 <br />SP -03-16 <br />A Petition was filed on December 23, 2002 for a Special Permit under Section 174-17 of <br />the Zoning By-laws in order to expand a pre-existing non -conforming deck into a <br />permanent structure. Petitioner is seeking relief from the side yard setbacks and from the <br />distance to the wetland requirement on property located in an R-3 zoning district at 62 <br />Spoondrift Way (Map 112 Parcel 39) 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, a <br />• newspaper of general circulation in the Town of Mashpee on January 10, 2003 and <br />January 17, 2003, a copy of which is attached hereto and made a part hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />Wednesday, January 22, 2003, at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: Richard Guerrera, Zella Elizenberry and <br />Robert G. Nelson. <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 />Mr. David Sanicki of Cape & Islands Engineering represented the applicant. <br />David Sanicki of Cape & Islands Engineering represented the Petitioner. Petitioner is <br />seeking a Special Permit in order to expand his pre-existing non -conforming home <br />previously believed to be in the zero setbacks in New Seabury. The Board feels it is not <br />any more detrimental to the neighborhood. The Board grants the Special Permit to <br />Petitioner. <br />11 <br />