07/14/2004 ZONING BOARD OF APPEALS Minutes

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(OWN '-iown of Mashpec 16 Great,Neck I�oad,Xorth y ��Atn*y Mashpee, Ma sovIIICSCUS 02649 nUL MASHPEE ZONING BOARD OF APPEALS Decision for a Variance RE: Richard Weymouth 35 Vista Circle Map 60 Parcel 79 V-04-91 A Petition was filed on June 11, 2004 by Richard Weymouth for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the rearyard setback requirements to allow for construction of a garage and to legalize an existing deck located in an R-5 zoning district at 35 Vista Circle (Map 60 Parcel 79) 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 June 25, 2004 and July 2, 2004, 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, July 14, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Robert Nelson and Marshall Brem and Richard Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Richard Weymouth represents himself at this hearing. He is seeking a variance to legalize and existing deck and relief from the rearyard setback requirements in order to build a garage. The Board reviews the plans with applicant and measure a couple of spots on the plan. It is determined that he will need 6.5 feet on the southerly side and 12.1 feet to legalize the deck. Total lot coverage with the proposed garage will be 12.8%. Marshall Brem makes a motion to grant a 6.5 foot variance on the southerly side of Vista Circle and a 12.1 foot variance in the rear yard to legalize the deck. Richard Guerrera seconds the motion. Robert Nelson votes favorably. James Regan votes favorably.