01/12/2000 ZONING BOARD OF APPEALS Decision

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' ""�": Town of Mashpee MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck load Xorth R,EMashpee, Massachusetts 02649 Decision for a Variance RE: Priscilla J. Stolba V-00-6 37 Cappawack Road Map 72 Block 35 A Petition was filed on November 1.2, 1999 by Priscilla J. Stolba of Mashpee, 'I l' Massachusetts for a Variance from Section 174-33 of the Zoning By-laws to vary the front setback requirements to allow for construction of a single-family home on property l located in an R-3 zoning district at 37 Cappawack Road(Map 72 Block 35)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 December 24 and December 31, 1999, 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, January 12, 2000, at which time the following members of the Zoning Board i of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G.Nelson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Mr. David Sanicki of Cape & Islands Engineering represented the applicant and stated that the original proposal was to locate the house further back from the street. The I Conservation Commission demanded a 50-foot buffer from the water and wetlands. The proposed location of the house has been moved away from the water and wetlands, making it necessary for the applicant to seek Variance relief from the front setback requirements. Mr. Sanicki asked the Board to consider the Conservation Commission issues and the topography of the subject lot and grant a Variance of 10 feet from the front setback requirements. Mr. Govoni confirmed that the subject lot predates zoning by-laws.