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'10 17V <br /> Town of Mashpee <br /> my <br /> 3 <br /> 16 great J�eck load J�orth <br /> MASHPEE ZONING BOARD OF APPEALSMashpee, <br /> OU Massachusetts 02649 <br /> SL� <br /> i <br /> Decision for a Variance <br /> RE: Eric & Ellen K. Dublirer V-02-74 8 Elizabeth Island Road <br /> Map 123 Parcel 131 <br /> A Petition was filed on May 23, 2002 by Eric and Ellen K. Dublirer of E' <br /> Framingham, Massachusetts for a Variance from Section 174-31 of the Zoning <br /> By-laws to vary the setback requirements to allow for expansion of a pre-existing <br /> non-conforming dwelling with an addition on property located in an R-3 zoning <br /> district at 8 Elizabeth Island Road(Map 123 Parcel 13 1) 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 /> I <br /> newspaper of general circulation in the Town of Mashpee, on June 7, and June 14, 2002, <br /> 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, June 26, 2002, at which time the following members of the Zoning Board of <br /> Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and <br /> Robert G. Nelson. <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 /> Mr. David Sanicki of Cape & Islands Engineering represented the Petitioner, Mr. <br /> Dublirer, who also attended the meeting. Mr. Sanicki stated that the proposal calls for I j <br /> changes to the previous Variance, V-02-10, granted by the Board on January 9, 2002. �I j <br /> The Petitioner wishes to modify the Variance by eliminating the deck and enlarging the <br /> house footprint. Plans call for reduction of the current lot coverage from 22%to 20%. <br /> No comments were received from abutters. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must !' <br /> determine that there are circumstances relating to the soil conditions, shape or topography <br /> which affect the subject property and not the district in which it is located; that a literal <br /> enforcement of the By-laws would involve substantial hardship to the Petitioner; that I <br /> desirable relief may be granted without substantial detriment to the public good and <br /> without nullifying or substantially derogating from the intent or purpose of the By-laws. C <br /> I!i <br /> i <br />