05/22/2002 ZONING BOARD OF APPEALS Decisions

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1 TON Town of Mashpee m MASHPEE ZONING BOARD OF APPEALS 3 y� 16 Great Xeck pad JVorth u� Decision for an Extension of a Variance Mashpee, Massachusetts 02649 RE: Stephen M. & Sarah A. Daley V-02-67 219 Waterway Map 111 Parcel 74 A Petition was filed on April 25, 2002 by Stephen M. and Sarah A. Daley of Milton, Massachusetts for an Extension of Variance V-01-80 a Variance from Section 174-31 of the Zoning By-laws to vary the side and front setback requirements to allow for construction of a deck to an existing dwelling on property located in an R-3 zoning I, district at 219 Waterway (Map 111 Parcel 74) 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 ! II newspaper of general circulation in the Town of Mashpee, on May 3 and May 10, 2002, II 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, May 22, 2002, at which time the following members of the Zoning Board ' f of Appeals were present and acting throughout: James E. Regan III, Zella E. Elizenberry and Marshall A. 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. ! j At the Public Hearings on July 25, 2001,the Zoning Board of Appeals voted ' unanimously to grant the following on the property located at 219 Waterway: I 1. a Variance of 4.3 feet from Waterway to the existing dwelling. jl il' 2. a Variance of 15.5 feet from Waterway to the proposed deck. 3. a Variance of 6.8 feet from Bosun's Lane to the proposed deck. The ZBA office received a letter dated April 24, 2002 from Mr. Daley requesting j a six-month extension of the Variance, V-01-80. Mr. Daley stated that he has been ! unable to find a builder to start the proposed construction of the deck to the existing I. dwelling at 219 Waterway. j I ' At the Public Hearings on May 22, 2002 the Zoning Board of Appeals voted unanimously to grant a six-month extension of Variance, V-01-80. This was allowed in j t compliance with Massachusetts General Laws Chapter 40A, Section 10, which reads: "If the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months.; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period".