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03/12/2003 ZONING BOARD OF APPEALS Decisions
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03/12/2003 ZONING BOARD OF APPEALS Decisions
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Town of Mashpee <br />MASHPEE ZONING BOARD OF APPEALS 16 Great Neck load kbrth <br />RE: Timothy Scales <br />DECISION FOR A VARIANCE Mashpee, Massachusetts 02649 <br />41 Devon Street <br />Map 77 Parcel 34 <br />V-03-37 <br />A Petition was filed on February 24, 2003 for a Variance from Section 174-31 of <br />the Zoning By-laws for permission to vary the sideline and rear setbacks in order build a <br />garage on property located in an R-3 zoning district at 41 Devon Street (Map 77 Parcel <br />34) 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, <br />a newspaper of general circulation in the Town of Mashpee, on February 28, 2003 and <br />March 7, 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, March 12, 3003 at which time the following members of the Zoning Board <br />of Appeals were present and acting throughout: James Regan, III, Richard Guerrera and <br />James Regan. <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 />John Knudson of Turning Mill Consultants and Timothy Scales, petitioner, <br />discuss with the Board the various setbacks needed in order to build a garage and perform <br />some exterior renovations. The Board discusses the pre-existing, non -conforming issue <br />and decides to grant these Variances. <br />VARIANCE CRITERIA <br />Section 10 of Chapter 40A requires that the permit granting authority determine <br />that there are circumstances relating to the shape and topography which affect this lot and <br />not the district in which it is located and that a literal enforcement of the By-laws would <br />involve hardship to the petitioner. <br />0 <br />
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