Laserfiche WebLink
0a ',iown of Alashpec <br /> N R 0 <br /> 16 G eat,Neck I�oad Sion th <br /> lVash,pec, Alassachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Thomas and Evonne Fazio 136 James Circle <br /> Map 71 Parcel 1 <br /> V-04-112 <br /> A Petition was filed on August 3, 2004 for a Variance from Sections 174-31 of <br /> the Zoning By-laws for permission to vary the setback requirements to allow for the <br /> expansion of an existing on property located in an R-5 zoning district at 136 James Circle <br /> (Map 71 Parcel 1) 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, a <br /> newspaper of general circulation in the Town of Mashpee, on August 6, 2004 and August <br /> 13, 2004, 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 8, 2004, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert G. Nelson and Marshall A. <br /> Brem and Richard Guerrera, and Zella Elizenberry. <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 /> Mr. and Mrs. Thomas Fazio represent themselves at this hearing. They are <br /> seeking a variance in order to expand their existing deck. The Board reviews the plans <br /> and question the applicant about the topography of where the deck is going. Marshall <br /> Brem makes a motion to grant an 11.4 foot variance for the deck and a 13.1 foot variance <br /> to the front building corner of the lot. Zella Elizenberry seconds the motion. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must <br /> determine that there are circumstances relating to the soil conditions, shape or topography <br />