04/24/2002 ZONING BOARD OF APPEALS Decisions

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Town o Mashpee ' yMASHPEE ZONING BOARD OF APPEALS 16 Great Xeck pad Xorth Decision to Grant a Six-Month Extension of a Var* Mffihpee,Massachusetts 02649 RE: Paul A. Rose V-02-51 253 Great Neck Road North Map 52 Parcel 61 A Petition was filed on March 13, 2002 by Paul A. Rose of East Falmouth, Massachusetts for an Extension of a Variance, V-01-57, from Section 174-31 of the Zoning By-laws for permission to vary the frontage requirements to allow for construction of a single-family home on property located in an R-5 zoning district at I �' 253 Great Neck Road North (Map 52 Parcel 61) Mashpee, MA. Owner of record: Dulce ! Bryan. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a j newspaper of general circulation in the Town of Mashpee, on April 5 and April 12, 2002, I' 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, April 24, 2002, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Zella E. Elizenberry I a)I1! and Robert G. Nelson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of i Mashpee Zoning By-laws. Mr. Rose represented his Petition for a 6-month extension of Variance, V-01-57. I He stated that delay on the project is a result of problems regarding title to the property located at 253 Great Neck Road North. On May 9, 2001, the Zoning Board of Appeals i I determined that the Petitioner met the criteria for grant of a Variance and it voted unanimously to grant a Variance of 136 feet from the frontage requirements on the subject property. Mr. Regan agreed that other potential buyers have encountered problems trying to obtain clear title to properties in that area of Town. No comments were received from abutters. I 'i At the Public Hearings on April 24, 2002, the Zoning Board of Appeals voted unanimously to grant an Extension of Variance, V-01-57 for a period of six months. This is allowed in compliance with Massachusetts General Laws Chapter 40A Section 10, which reads: "If the rights authorized by a variance are not exercised within one year of I; the date of grant of such variance such rights shall lapse;provided, however, that the I �' permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period".