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Town of Mashpec <br /> UP AFFhAL 16 Gt-eat Nth ck Y co(O JVo)rth. <br /> LE A/Msh,pee, 1A'la,ssachusett;s 021649 <br /> Decision for a Variance <br /> RE: Howard Finkel 248 Falmouth Road <br /> Map 62 Block 6 <br /> V-05-79 <br /> A Petition was filed on June 16, 2005 by Howard Finkel for a Variance from <br /> Section 174-31 of the Zoning By-laws to seek relief from the setback requirements to <br /> build a garage with an accessory apartment above on property located in an R-5 zoning <br /> district at 248 Falmouth Road (Map 62 Block 6) 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 June 24, 2005 and July 1, <br /> 2005, 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, July 13, 2005, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Jonathan Furbush, Marshall Brem and Evano Cunha. <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 /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 248 Falmouth Road and contains 22,972 <br /> square feet. <br />