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Town of Mashpee <br /> y MASHPEE ZONING BOARD OF APPEALS <br /> 16 Great JVeck load Xorth <br /> a. �����• Mashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: Carl Fiester V-02-108 755 Old Barnstable Road <br /> Map 78 Parcel 82 <br /> r <br /> A Petition was filed on August 30, 2002 by Carl Fiester of Mashpee, <br /> U' Massachusetts for a Variance from Section 174-31of the Zoning By-laws to vary the <br /> setbacks on the northeast corner lot line for the proposed dwelling on property located in <br /> an R-5 zoning district at 755 Old Barnstable Road(Map 78 Parcel 82) 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 September 6 and <br /> September 20, 2002, 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, September 25, 2002, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: James E. Regan, III, Robert G. <br /> Nelson and Edward M. Govoni. <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. Fiester presented his petition for a proposed in-law apartment. His proposed <br /> .:; <br /> a plans require a variance of 9 feet from the existing setbacks located in an R-5 zoning <br /> district. Site plan referenced prepared by John P. Doyle, III of J. Doyle Associates dated <br /> June 28, 2002. <br /> GENERAL FINDINGS <br /> ek• <br /> ' 1. that the subject lot is located at 755 Old Barnstable Road and consists of <br /> .44 acres of land. <br /> {` VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must <br /> i determine that there are circumstances relating to the shape or topography <br /> .2 <br />