02/26/2003 ZONING BOARD OF APPEALS Decisions

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• • Town of Mashpee RE: Michael Sliwa 16 Great JVeck Pvoad JVorth MASHPEE ZONING BOARD OF APPEAI§Whpee, Massachusetts 02649 DECISION FOR A VARIANCE 94 Redbrook Road Map 110 Parcel 63 V-03-21 A Petition was filed on January 31, 2003 by Michael Sliwa for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setbacks and land space requirements in order to build an addition on property located in an R-3 zoning district at 94 Redbrook Road (Map 110 Parcel 63) 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 February 14 and February 21, 2003 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, February 26, 3003 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. 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. David Sanicki of Cape & Islands Engineering represented the petitioner. He is seeking a Variance of 3.3 feet on the sideyard setbacks and 15,487 square feet for the land space requirements on a pre-existing non conforming lot with the main dwelling built in 1945 which pre -dates zoning. The Board moves to grant these Variances. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner.