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Town of Mashpee <br /> � WMASHPEE ZONING BOARD OF APPEALS <br /> 16 Great Jlreck oad North S <br /> LUE Mashpee, Massachusetts 02649 i <br /> Decision for an Appeal <br /> RE: Dunhill Companies, Ltd. A-00-120 3 Bight Circle <br /> x Map 106 Block 12 <br /> � cR <br /> v4 <br /> A Petition was filed on April 10, 2000 by Dunhill Companies, Ltd. of <br /> Osterville, Massachusetts for an Appeal of the Building Commissioner's Decision to <br /> Deny a Building Permit to allow for construction of a single-family home on property <br /> located in an R-3 zoning district at 3 Bight Circle(Map 106 Block 12)Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a j <br /> newspaper of general circulation in the Town of Mashpee, on April 21 and April 28, <br /> 2000, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, May 10, 2000, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III <br /> and Robert G.Nelson. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 6 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Kevin Kirrane represented the applicant and stated that the subject lot <br /> has been held in separate ownership since 1964. He said that the statutory provision in <br /> Massachusetts General Laws Chapter 40A, Section 6 affords protection for the lot in <br /> view of the fact that changes in dimensional zoning by-laws do not apply when the lot <br /> has not been held in common ownership with adjoining land. Therefore,the applicable <br /> zoning would be the R-5 zoning in effect at the time that the lot was created. <br /> The proposed location of the single-family dwelling would be 23 feet from the <br /> X front setback on Bight Circle. <br /> N <br /> Messrs. Govoni and Nelson questioned the discrepancies between the Board's <br /> plans and the plans that the Conservation Commission approved for this lot on February <br /> 9, 1999. <br />