10/27/2004 ZONING BOARD OF APPEALS Minutes

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iown 0j Masiipee .� 16 0 cat Nt ck 4oad JlNor th. �z . 2 Islas{tipce, la'Iassacll.usc tts dw649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE RE: John and Fumie Madden 65 Buccaneer Way Map 90 Parcel 08 V-04-143 A Petition was filed on September 27, 2004 by John Madden for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in order to build a 2 car garage on property located in an R-3 zoning district at 65 Buccaneer Way (Map 90 Parcel 08) 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 October 8, 2004 and October 15, 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, October 27, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan,III, Richard Guerrera and Zella Elizenberry, Robert Nelson, and Marshall Brem. 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. Mr. Joe Harvey of Grossman Engineering represented the petitioner. They are seeking a variance in order to build a 2 car garage with a bedroom above and cannot meet the current setback requirements for the front. The Board review the plans. Shirley Henshaw of 24 Captains Row would like to address the Board. She is concerned that this addition will interfere with 10 feet of the association property. Mr. Harvey tells her that it will not interfere. The topography of the lot makes it burdensome to place the garage at any other spot. Marshall Brem makes a motion to grant an 11.7 variance in the front. c