05/10/2006 ZONING BOARD OF APPEALS Minutes

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�16jOWNVown of Nashpec , MASHPEE ZONING BOARD OF APPEAL 16 Gi-eat Neck load JV)ah, Iashpee, Nla,ssoc=l-ucsetts 02649 Decision for a Variance RE: Gina Devlin 20 Oneida Ave Map 65 Block 48 V-06-34 A Petition was filed on April 26, 2006 for a Variance from Section 174-31 of the Zoning By-laws to seek relief from the setback requirements in order to build an accessory apartment on property located in an R-5 zoning district at 20 Oneida Ave. (Map 65 Block 48) 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 in the Town of Mashpee on April 28, 2006 and May 5, 2006, 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, May 24, 2006, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Brem, Jonathan Furbush and Eric Dublirer. 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. Daryl Chapman represents the applicant at this hearing. They are seeking a variance in order to build an accessory apartment onto their mails house. The Board reviews the site plan and determines that the applicant has the burden of two frontages to maintain which is where they need the variance to build the accessory apartment. The paperwork is in order and the Board moves to grant the variances. 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