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Us <br />Town ofMashpee <br />16 Great Veck Poad Arth <br />MASHPEE ZONING BOARD OF APPEALS <br />Decision for a Variance <br />Gary J. Bourne, Bourne Petroleum <br />Owner of Record: S. Joseph DiMaggio <br />Mashpee, Massachusetts 02649 <br />135 Main Street <br />Map 37 Parcel 58 <br />V-03-28 <br />A Petition was filed on January 31, 2003 by Gary J. Bourne, Bourne Petroleum, <br />Middleboro, Massachusetts, for a Variance from Section 174-31 of the Zoning By-laws <br />for permission to vary the setback requirements to allow for a 24' x 30' canopy to be <br />erected in front of the Food Mart at the existing dwelling on property located in an R-.5 <br />zoning district at 135 Main Street (Map 37 Parcel 58) 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 February 14, 2003 and <br />• February 21, 2003, 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, February 26, 2003, continued to March 12, 2003 and continued again until <br />April 9, 2003 at which time the following members of the Zoning Board of Appeals were <br />present and acting throughout: James E. Regan III, Robert G. Nelson and Zella <br />Elizenberry. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br />provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br />Mashpee Zoning By-laws. <br />Attorney Kevin Kirrane represented the petitioner at the hearings on March 12, <br />2003 and on April 9, 2003. Mr. Kirrane explains that his client, Mr. Bourne is seeking a <br />• Variance in order to erect a 24' x 30' canopy over the gas island in front of the food mart <br />at the existing dwelling 135 Main Street currently owned by S. Joseph DiMaggio. <br />