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of <br />Nashpce <br />M <br />MASHPEE ZONING BOARD OF APPEALS 16 (;Beat deck, �koad ,.North <br />®,�y AULE Iklaslipce, AllassachUSCUs 02649 <br />Decision for a Variance <br />RE: Richard Winslow <br />35 Mohican Avenue <br />Map 72 Parcel 69B <br />V-07-64 <br />A Petition was filed on September 17, 2007 for a Variance from the sideyard <br />setback requirements from Section 174-31 of the Zoning By-laws in order to remove and <br />replace an existing deck on property located in an R-5 zoning district at 35 Mohican <br />Avenue (Map 72 Parcel 69B) 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 September 21, 2007 and <br />September 28, 2007 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 10, 2007, at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: Zella Elizenberry, Marshall Brem, <br />Jonathan Furbush, Eric Dublirer and James Reiffarth. (Mr. Nelson did not sit) <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 />Richard Winslow represents himself at this hearing. He is seeking a variance from <br />the sideyard setback requirements in order to remove and replace an old deck. The deck <br />exists as a non -conforming structure and was in place when applicant bought the property <br />a few months ago. He was unaware that he would need to obtain a variance in order to <br />make the deck safer and that it was non -conforming. He is asking for a 10 foot variance <br />on the southerly side. The Board reviews the plot plan. Since applicant inherited this <br />structure and wishes to bring it up to building code, the Board feels this is acceptable. <br />James Reiffarth makes a motion to grant a 10 foot variance on the southerly side. <br />