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Town of Mashpee <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great Neck load Xorth <br /> DECISION FOR A VARIANCE Mashpee, Massachusetts 02649 <br /> (AMENDED) <br /> RE: John Pellegrini 25 Pondview Ave. <br /> Map 58 Parcel 77 <br /> V-03X 16 I t- <br /> A Petition was filed on June 24, 2003 for a Variance from Section 174-31 of the <br /> Zoning By-laws for permission to vary the frontage requirements and landspace <br /> requirements setbacks in order to deem lot buildable on property located in an R-5 zoning <br /> district at 25 Pondview Ave. (Map 58 Parcel 77) 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, <br /> a newspaper of general circulation in the Town of Mashpee, on August 1, 2003 and <br /> August 8, 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, August 13, 2003, September 10, 2003 and October 8, 2003 at which time the <br /> following members of the Zoning Board of Appeals were present and acting throughout: <br /> Robert Nelson, Marshall Brem and Zella Elizenberry. Due to a member's absence, the <br /> Rule of Necessity allowed Richard Guerrera to sit for Zella Elizenberry at the October 8, <br /> 2003 hearing. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> At the initial hearing on August 13, 2003 Attorney Tracey Taylor represented <br /> petitioner in this hearing. They are seeking relief from the current zoning that is keeping <br /> this lot from being deemed a buildable. Mr. Pellegrini has owned this lot and the adjacent <br /> lot since 1972 and contains 100 feet of frontage and has 11,143 square feet. The new <br /> zoning requires 150 feet of frontage and 80,000 square feet. Ms. Taylor states that by <br /> granting petitioner the requested relief, it will not derogate from the intended use of the <br /> by-law or detract from the residential nejghlaWrP1%d in any way. Furthermore, by not <br /> tic <br />