09/10/2008 ZONING BOARD OF APPEALS Minutes

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OWN o'. *iown of e e a , .' 16 Crj }C�t c1 YE�t'h., �)�,��cl Y()r�[,Y 2, Nlashpee, Xfa.ssachuset S 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Daniel Ayer I 1 Oneida Avenue Map 65 Parcel 44 V-08-40 A Petition was filed on August 26, 2008 for a Variance from Section 174-31 of the Zoning By-laws to vary the current setback requirements on property located in an R- 5 zoning district at I 1 Oneida Avenue (Map 65 Block 44) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation on August 29, 2008 and September 5, 2008, a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, September 24, 2008 and continued until October 8, 2008 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, James Reiffarth, Jack Dorsey and Peter Hinden. (applicant accept the quarum of 4 board members—all whom were present at the previous hearing.) 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. September 24, 2008 Attorney John Kenney and Steve Cook, Architect from Cotuit Bay Design represent the applicant at this hearing. They are seeking a variance for setback relief in order to add additional living space to the first floor. The lot is burdened with all frontages which require 40 foot setbacks. The existing dwelling is non-forming and in order to have any additions constructed the applicant will need a variance. Steve Cook presents his plans to the Board and shows where the relief will be needed. Attorney