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Town o Mash ee <br /> y f p <br /> 16 Great Xeckkod oaX <br /> rth <br /> MASHPEE ZONING BOARD OF APPEALS ashpee, Massachusetts 02649 oii ;Decision to Deny Without;Prejudice <br /> A Request for a Special Permit <br /> RE: Dale A. & Deborah J. Dougherty SP-02-28 192 Ninigret Avenue <br /> Map 65 Parcel 94 <br /> A Petition was filed on December 28, 2001 by Dale A. and Deborah J. Dougherty <br /> of Mashpee, Massachusetts for a Special Permit under Section 174-17 of the Zoning <br /> By-laws to allow for alteration <br /> and expansion of apre-existing, non-conforming structure ! � <br /> with addition of a garage/boathouse on a pre-existing, non-conforming property located <br /> in an R-3 zoning district at 192 Ninigret Avenue (Map 65 parcel 94) 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 Cape Cod Times, a <br /> newspaper of general circulation in the Town of Mashpee, on January 7 and January 14, <br /> 2002, 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 23, 2002, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson <br /> and Marshall A. Brem. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions p of Massachusetts General Laws Chapter 40A Section 9 an <br /> p d the Town of <br /> MashpeeBy-laws. <br /> Zoning Y <br /> in B -laws. <br /> Attorney Kevin M. Kirrane represented the Petitioner, Mr. and Mrs. Dougherty, <br /> both of whom also attended the meeting. Attorney Kirrane stated that plans call for <br /> construction of a garage on the subject property, which would increase the lot coverage <br /> from 25%to 33%. He said that the subject property was developed prior to the adoption <br /> I <br /> of Zoning in the Town and has been held in separate ownership from all the other <br /> adjacent parcels since 1957. Attorney Kirrane maintained that the proposal would not be <br /> substantially more detrimental to the neighborhood than the existing structures on the <br /> subject property. He submitted a letter from Mr. Paul Jacobson, an abutter at 196 <br /> Ninigret Avenue, expressing approval of the proposal. II <br /> Mr. and Mrs. Leo Raftery, abutters at 190 Ninigret Avenue, attended the meeting <br /> along <br /> with th their daughter, I ' <br /> Ms. Barbara Raftery. Mr. Raftery said that there is a property � <br /> line dispute that involves installation of a fence between his lot and the Petitioner's lot. <br /> Mr. Raftery expressed concern with the huge increase in lot coverage and the height of <br /> the proposed building. <br /> I <br /> � j <br />