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I <br /> r <br /> Town o Mash ee <br /> 16 Great Xeck load Xorth <br /> 0- S <br /> � MASHPEE ZONING BOARD OF APPEAL <br /> �'" ashpee, lYlassachusetts 02649 <br /> Decision for a Variance <br /> RE: Donald B. & Evelyn G. McIntyre V-02-57 184 Waterway <br /> Map 111 Parcel 94 <br /> LII j ; <br /> A Petition was filed on March 22, 2002 for a Variance from the lot size <br /> requirements as required under Section 174-31 of the Zoning By-laws and that the ! j <br /> Board determine that the property located in an R-3 zoning district at 184 Waterway �i I <br /> is a separate and buildable lot. (Map 111 Parcel 94) Mashpee, MA. f <br /> II <br /> Notice was duly given to abutters in accordance with Massachusetts General I <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a I I <br /> newspaper of general circulation in the Town of Mashpee, on August 9 and August 13, ! <br /> 2002, a copy of which is attached hereto and made a part hereof <br /> i <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, <br /> August 28, 2002, at which time the following members of the Zoning Board of Appeals <br /> were present and acting throughout: Robert G. Nelson, Edward M. Govoni and James E. <br /> Regan, III. <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 /> I <br /> The ZBA office received a fax from Attorney Kevin M. Kirrane on behalf of the <br /> Petitioner requesting a continuance of the Petitions due to a schedule conflict. Mr. <br /> Nelson moved to continue the Petitions until May 22, 2002. Ms. Elizenberry seconded. <br /> All agreed. <br /> At the continued hearings on May 22, 2002 the following members of the Board were <br /> present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G. j <br /> Nelson. <br /> Attorney Kevin M. Kirrane represented the Petitioner and stated that the Variance relief I I ! <br /> which the ZBA granted on 190 Waterway to allow for construction of a home will expire <br /> in June 2002. He also said that the Petitioner is requesting Variance relief from the lot <br /> size requirements on both properties at 184 and 190 Waterway because the lots have been <br /> deemed merged. !i' <br /> ,II <br /> In 1999 Mr. and Mrs. McIntyre obtained a letter of buildability ability for the property located at <br /> 190 <br /> Waterway. <br /> The Cone "i <br /> s rvation Commission ssion issued an Order of Condition i <br /> s m 1999 on , <br /> the subject property. The Zoning Board of Appeals granted Variance relief on the subject <br /> J <br /> i I <br /> I <br />