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�y ISI <br /> { I II <br /> a; f <br /> Town of Mashpee <br /> ,111,•....,,k4{� . . <br /> • 16 Great Jfeck load JYonh <br /> „ y Mashpee, Massachusetts 02649 <br /> "E`" Decision for a Variance <br /> i <br /> RE: Calico Real Estate Ltd. Partnership V-01-108 81 Nick Trail i <br /> Map 117 Parcel 99 <br /> A Petition was filed on September 20, 2001 by Calico Real Estate Limited j <br /> Partnership of Holliston, Massachusetts for a Variance from Sections 174-31 and <br /> 174-33 of the Zoning By-laws for permission to vary the lot coverage requirements, <br /> rear and side setback requirements and setback requirements to water and wetlands <br /> to allow for construction of a new home on property located in an R-3 zoning district <br /> at 81 Nick Trail (Map 117 Parcel 99) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General j <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 October 5 and October <br /> 12, 2001, 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, October 24, 2001, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert G.Nelson, Richard T. Guerrera <br /> and Zella E. Elizenberry. Mr. Regan stepped down and left the room. E <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 /> Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and <br /> stated that the Variance granted on the subject property by the Board on January 24, 2001 <br /> will expire on January 24, 2002. At the January 24, 2001 Public Hearings, the Board also <br /> granted the Petitioner a Special Permit to allow for demolition of the existing dwelling <br /> and construction of a new single-family home. <br /> The Conservation Commission has approved the project. The Board of Health <br /> has approved installation of a new Title V septic system on the subject property. <br /> No comments were received from abutters. <br /> it <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> I <br /> 'I <br /> 'i <br />