10/09/2002 ZONING BOARD OF APPEALS Decisions

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i.: Ito'N Town of Mashpee N MASHPEE ZONING BOARD OF APPEALS -eat16 GfJ1reck load Artli lYlasl2pee, l�lassachusetts 0649 Decision for a Variance B B RE: James Curtis, Trustee of J.C. Realty Trust, 4 Lettie Lane C C C/o Smith& Connolly Map 36 Parcel 47A V-02-115 D A Petition was filed on September 3, 2002 by James Curtis, Trustee of J.C. Realty Trust, c/o Smith & Connolly for a Variance from Section 174-32 of the Zoning By-laws for permission to vary the fire protection requirements to allow for construction of a r single-family home on an unpaved road on property located in an R-5 zoning district at 4 Lettie Lane (Map 36 Parcel 47A) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 1 and November 8, 2002, a copy of which is attached hereto and made a part hereof. Public Hearings were held on Wednesday, October 9, 2002 and Wednesday, November 13, 2002, at the Mashpee Town Hall and the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Marshall Brem and Frederick Borgeson. Attorney Kevin Kirrane represented the Petitioner James Curtis in the above- entitled matter. Mr. Kirrane has requested, on behalf of his client, relief from Section 174-32 which states that all buildings shall be accessible to Fire Department apparatus by way of access roadways capable of supporting firefighting apparatus with an all-weather surface roadway, there shall be an unobstructed, asphalt paved access roadway of not less than 20 feet. After Mr. Kirrane met with the Board of Appeals on two occasions and produced the requested oral and written testimony, the Board moved to grant a variance from Section 174-32 only. Attached is a Stipulation of the Parties, Superior Court Docket No. 89-709 regarding the access road.