01/12/2005 ZONING BOARD OF APPEALS Minutes

Home Browse Search

RE: `.down of Mashpee 16 Great JVeck Road Arth Mashpee, Massachusetts 02649 MASHPEE ZONINC BOARD OF APPEALS Carlton Hendricks Decision for a Variance 12 Somerset Road Map 16 Block 104 V-05-07 A Petition was filed on November 23, 2004 by Carlton Hendricks. for a Variance Prom Section 174-31 of the Zoning By-laws for permission to vary the setback requirements to allow for expansion of the kitchen and a new deck on property located in an R-5 zoning district at 12 Somerset Road (Map 16 Block 104) 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 December 31, 2004 and • January 7, 2005 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, January 12, 2005, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan 111, Zella E. Elizenberry, Robert Nelson, Evano Cunha and Richard Guerrera. 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. Carlton Hendricks represents himself at this hearing. He is seeking a variance on the side yard setback requirements in order to expand his house and build a new kitchen and deck. The Board feels all paperwork is in order and Robert Nelson moves to grant the 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 • not the district in which it is located and that a literal enforcement of the By -taws would involve hardship to the petitioner.