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Town of Mashpec <br /> 16 Great.Af�A &ad,X rth, <br /> _U Nlasl-ipee, Massach,uscus 0,2649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Heather Puopolo 53 Tobisset Street <br /> Map 38 Parcel 23 <br /> A Petition was filed on September 1, 2005 by Heather Puopolo for a Variance <br /> from the frontyard setback requirements from Section 174-31 of the Zoning By-laws in <br /> order to install a swimming pool on property located in an R-3 zoning district at 53 <br /> Tobisset Street (Map 39 Parcel 23) 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 9, 2005 and <br /> September 16, 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, September 28, 2005 and continued until Wednesday, October 19, 2005, at <br /> which time the following members of the Zoning Board of Appeals were present and <br /> acting throughout: Robert Nelson, Frederick Borgeson, Evano Cunha, Jonathan Furbush <br /> and James Reiffarth. <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 /> This matter was continued from September 28, 2005 so that the new location of <br /> the pool could be incorporated into the plot plan since they no longer need a variance <br /> from the wetlands setback. After reviewing the new plans,the Board feels all the <br /> paperwork is now in order. Frederick Borgeson moves to grant a 15-foot front yard <br /> setback variance. Jonathan Furbush seconds the motion. All agree. So moved. Reference <br /> plans from Cape & Islands Engineering, dated September 30, 2005. <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 topograp <br /> hy which affect this lot and <br />