10/09/2002 ZONING BOARD OF APPEALS Decisions

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.......... '°" Town o Mash ee �y MASHPEE ZONING BOARD OF APPEALS 16 Great VeckX. pad V i1 A Nlrashpee, lYlassachu.setts 02649 Decision for a Variance B RE: James Kerrigan, Trustee of N.A.K. Realty Trust 17 Lettie Lane C Formerly known as Nancy Kerrigan, Trustee Map 36 Parcel 47D C/o Smith& Connolly V-02-118 D D A Petition was filed on September 3, 2002 by Nancy Kerrigan, Trustee, 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 single-family home on , an unpaved road on property located in an R-5 zoning district at 17 Lettie Lane (Map 36 Parcel 47D) 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 Nancy Kerrigan in the above- entitled matter. Mr. Kirrane has requested, on behalf of his client, relief from Sections 174-31 and 174-25. 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 174-25 since the majority of the lot is located in an R-5 zoning district. Attached is a Stipulation of the Parties, Superior Court Docket No. 89-710 regarding road access. Section 174-31 has been withdrawn by Attorney Kirrane.