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Town of Mashpee <br />16 Great Jlreck Poad Jlrorth <br />MASHPEE ZONING BOARD OF APPEAL&hpee, Massachusetts 02649 <br />Decision for a Special Permit <br />RE: Bay Point Realty Trust <br />One Point Road <br />Map 114 Parcel 39 <br />SP -03-34 <br />A Petition was filed on February 11, 2003 by Bay Point Realty Trust for a Special <br />Permit under Section 174-25 H (7) of the Zoning By-laws to build a private 2 -car garage <br />on property located in an R-3 zoning district at One Point Road (Map 114 Parcel 39) <br />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 February 28, 2003 and <br />March 7, 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, March 12, 2003, April 23, 2003, May 14, 2003, May 28, 2003, and June 11, <br />2003 at which time the following members of the Zoning Board of Appeals were present <br />and acting throughout: James Regan, Edward Govoni and Robert Nelson. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br />provisions of Massachusetts General Law, Chapter 40A, Section 9, the Town of Mashpee <br />Zoning By-laws. <br />John Slavinsky of Cape & Islands Engineering represented Mr. Eric Benway for <br />the petitioner. Mr. Benway is seeking a Special Permit in order to build an accessory <br />structure, namely a private two -car garage on a piece of property he owns at One Point <br />Road. His primary residence is at 11 Bay Road. Mr. Slavinsky altered his plans several <br />times to accommodate the Conservation Commission as well as issues with the road. <br />There were several continued hearings on this matter. Some Board members were <br />concerned regarding the basic issue of whether or not a garage on two different pieces of <br />property owned by the same party would be maintained if the property (s) were sold. At <br />the first hearing there were two abutters that voiced their concern of what the garage <br />• <br />