6/11/2003 ZONING BOARD OF APPEALS Minutes

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}y. own o ash e e 16 Great Seck Xr�th MAS�IP>�E oNII� IRD OFPI� I1 �- Mashpee, Massachusetts 02649 DECISION FOR A VARIAN ' RE: favid H. Webb 43 Tide Run Owner of Record: Lewis Rubin Map 126 Parcel 37 v-o3- 0 Petition was filed on May 27, 2003 by David H. Webb, Builder for owner Leis Dubin, for a variance from Section 174-31 of the ZoningBy-laws for permission to vary the setback requirements in order build an 1 F x ' screened porch on property located in an R-3 zoning district at 43 Title Run (Map 126 Parcel 37Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws s Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on May 30, 2003 arra June 6, 2003, 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, June 11, 3003 at which time the following members of the Zoning Board o f Appeals were present and acting throughout: Edward Govoni, Robert Felson and James Regan. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. David Webb, Builder for the petitioner, represents Lewis Rubin at the hearing. They are seeking a variance in order to build a screened in porch. The lot is uneven on one side and they are seeking a 1.9 feet variance to complete this project. The Board moves to grant the variance. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of theBy-laws would involve hardship to the petitioner.