09/13/2006 ZONING BOARD OF APPEALS Minutes

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4own oj'Alashpec 16 Ca-cat Vck Pvo(W MASHPEE ZONING BOARD OF APPEAL81ash,c, Uiss c usats 021649 th. JV) Decision for a Variance RE: Wayne Tinti 16 Jones Road Map 28 Parcel 153 V-06-68 A Petition was filed on August 15, 2006 by Wayne Tinti for a Variance from the sideyard setback requirements from Section 174-31 of the Zoning By-laws in order to build a garage on property located in an R-5 zoning district at 16 Jones Road (Map 28 Parcel 153) 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 August 25, 2006 and September 1, 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, September 13, 2006, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson and Jonathan Furbush. 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. Wayne Tinti represents himself at this hearing. He is seeking a variance in order to build a garage and needs relief on the side yard for setback requirements. The Board reviews the plans and finds the request to be reasonable. There will be open trusses on the easterly side and the applicant is looking for a 13 foot variance. Marshall Brem makes a motion to grant a 13 foot side yard setback 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