02/26/2003 ZONING BOARD OF APPEALS Decisions

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is is Town of Mashpee 16 Great Xeck Pvoad Xorth MASHPEE ZONING BOARD OF APPEAI§ashpee, Massachusetts 02649 RE: Jaime Romkey DECISION FOR A VARIANCE 20 Windsor Way Map 29 Parcel 165 V-03-26 A Petition was filed on February 3, 2003 by Jaime Romkey for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setbacks in order build a garage on property located in an R-3 zoning district at 20 Windsor Way (Map 29 Parcel 165) 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 28, 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, Marshall Brem 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. Jaime Romkey represented himself in his application for a Variance. He is requesting a Variance for 9 feet on the side yard setback in order to build a garage. The Board moves to grant Mr. Romkey a Variance for 9 feet on Tudor Terrace which is conditioned on plans submitted by Cape and Islands Engineering. All Agree. So moved. 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.