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Town of Mashlpee <br /> �� . r <br /> l6 great J�cck.Load<Ao1•t{i <br /> Ably. Nlas{ipee,Wassachusetis 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2021-44 <br /> Owners, Barry W. Fenton and Bk.: 31895 <br /> Sharon M. Fenton, Trustees of the Pg.: 338 <br /> 32 Jehu Pond Nominee Trust <br /> 32 Jehu Pond Road (Map 121 Parcel 3) <br /> Mashpee, MA 02649 <br /> A Petition was filed on June 3,2021 by Owners,Barry W. and Sharon M. Fenton,Trustees <br /> requesting a Variance of the front yard setback under §174-31 of the Zoning Bylaws to <br /> allow for construction of a free standing garage on property located in an R-3 Zoning <br /> District, at 32 Jehu Pond Rd., Map 121 Parcel 3, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on July 2, 2021 and July 9, 2021 a copy of which is <br /> attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, July <br /> 28, 2021 at which time the following members of the Board of Appeals were present and <br /> acting throughout; Chairman,Jonathan Furbush,Vice Chairman, William Blaisdell,Board <br /> Members, Ron Bonvie,Norman J. Gould, and Associate Member, Charlie Reidy. <br /> Attorney Kevin Kirrane represented Mr. Fenton who was also present requesting a <br /> Variance for construction of a free standing garage. Attorney Kirrane provide a written <br /> presentation, a site plan, and photographs of the property situated next to Jehu Pond Road. <br /> The proposed garage is 15.5 ft. off both side property lines. The lot is an unusual shape <br /> showing the front lot line along Jehu Pond Rd., and only a portion of the road is paved. <br /> The Board can find that the shape of the lot can be considered a hardship. In addition,there <br /> is a possibility of moving that garage further towards the house, but the septic system is <br /> located within the area between the house and the proposed garage which could also be <br /> considered a hardship. <br /> Attorney Kirrane explained the purpose and intent of a setback is generally intended to <br /> provide a safe means of egress and access from a public way, or a private way. There are <br /> sight line distances in both directions so one can exit the lot in a safe fashion. In this <br /> particular instance, there is no scenario and there is no road that is considered a traveled <br /> road. <br /> 1 <br />