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r! <br /> Town of Mashpee <br /> SHPEE ZONING BOARD OF APPEALS <br /> 16 great J�eck load Xorth <br /> Mashpee,Massachusetts 02649 <br /> AN`�AUIE�U" . <br /> Decision for a Variance <br /> RE: David and Kathleen Smith V-00-37 2 Maple Street <br /> Map 28 Block 127 <br /> A Petition was filed on January 10, 2000 by David and Kathleen Smith of <br /> Mashpee, Massachusetts for a Variance from Section 174-47.B.5 of the Zoning By-laws <br /> for permission to vary the minimum lot width requirements on property located in an R-5 <br /> zoning district at 2 Maple Street(Map 28 Block 127)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 January 21 and January 28, <br /> 2000, 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 9, 2000, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III <br /> and Frederick R. Borgeson. <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 /> Mr. Smith and his engineer, Mr. Walcox, represented the application. Mr. Walcox said <br /> that the figures for the building setback line did not appear on the subdivision plan. The <br /> plot plan was prepared, the building permit was issued and the house was constructed on <br /> the subject lot. <br /> Building Commissioner William F. Hauck discovered that the dwelling <br /> encroaches five feet on the 40-foot building setback line. All the other homes in the <br /> subdivision have a 30-foot setback requirement. <br /> Mr. Hauck said that the subject lot is in a "cluster as of right" subdivision. Section <br /> 174-47.5 of the Zoning By-laws states that"the minimum lot width at the required <br /> minimum setback line shall be not less than one hundred(100) feet". <br /> No comments were received from abutters. <br />