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all <br /> II <br /> � = Town of Mashpee <br /> MASHPEE ZONING BOARD OF APPEALS <br /> 16 Great Xeck _pad Xorth <br /> ° OIL " Decision for a Variance Mashpee, Massachusetts 02649 <br /> I <br /> RE: Kenneth Anderson V-01-119 205 Ashers Path West <br /> Map 60 Parcel 41 <br /> A Petition was filed on October 17, 2001 by Kenneth Anderson of Mashpee, <br /> Massachusetts for a Variance from Sections 174-31 and 174-32 of the Zoning <br /> By-laws for permission to vary the lot size requirements to allow for construction <br /> of a single-family dwelling on an unpaved road on property located in an R-5 zoning <br /> district at 205 Ashers Path West (Map 60 Parcel 41) 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 October 26 and <br /> November 2, 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, November 14, 2001, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: James E. Regan III, Robert G. <br /> Nelson and Richard T. Guerrera. <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 Thomas H. Souza represented the Petition and stated that the Variance <br /> and the six-month extension of the Variance granted by the Board on the subject property <br /> have lapsed. Attorney Souza said that no changes have been made to the proposal and <br /> requested the same relief that the Board granted on January 26, 2000 on the subject <br /> property. The Petitioner has received Planning Board approval of the proposed <br /> subdivision. <br /> Mr. Nelson expressed concern with the current condition of Ashers Path West and <br /> the potential for increased traffic with development of the new subdivision on Lowell <br /> Road. He suggested that, if the Board chooses to grant the Variance, it should consider <br /> conditioning the Variance by requiring the property owner to upgrade and maintain the <br />