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IR <br /> Town of Mashpee <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck Poad Xorth <br /> Mashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: David J. Berkland V-00-218 52 Deerfield Road <br /> Map 3 Block 31 <br /> A Petition was filed on November 2, 2000 by David J. Berkland of Sharon, <br /> Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission <br /> to vary the land space requirements to allow for construction of a single-family home on <br /> property located in an R-5 zoning district at 52 Deerfield Road(Map 3 Block 31) <br /> 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, <br /> a newspaper of general circulation in the Town of Mashpee, on November 24 and <br /> December 1, 2000, a copy of which is attached hereto and made a part hereof. <br /> j <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, December 13, 2000, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert G.Nelson,Richard T. <br /> Guerrera and Zella E. Elizenberry. <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 /> Attorney Kevin Kirrane represented the Petition and stated that the Petitioner is <br /> seeking ZBA permission to have his lot divided into two separate lots. The subdivision <br /> was approved at a time when the By-laws did not require a cluster subdivision to be <br /> developed pursuant to the Special Permit process. A Special Permit would have provided <br /> protection for the lot. Attorney Kirrane also stated that the development of this <br /> subdivision was approved in the 1970's that allowed for the development of 10,000 : <br /> square-foot lots that abut open space. The subject lot abuts open space and consists of <br /> 14,401 square feet. <br /> Ms. Anne T. Shaw, a direct abutter, expressed concern with the proposed <br /> placement of the house on the deep and sloping lot. <br /> The Board voted unanimously to continue the Petition until January 24, 2001 to <br /> allow for a discussion between the Petitioner,Attorney Kirrane and Ms. Shaw regarding <br /> placement of the proposed construction on the subject property. <br /> At the continued hearings on January 24, 2001,Attorney Kevin M. KirraneF ` <br /> represented the Petition and stated that he had a discussion with Ms. Shaw, direct abutter <br />