12/13/2000 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee ti MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck Pvoad Xorth Mashpee,Massachusetts 02649 Decision for a Variance RE: David L. &Diane J. Cochran V-00-209 11 East Road Map 2 Block 88 A Petition was filed on October 30, 2000 by David L. and Diane J. Cochran of Forestdale, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setback requirements to allow for construction of an addition to an existing dwelling on property located in an R-5 zoning district at 11 East Road(Map 2 Block 88)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 newspaper of general circulation in the Town of Mashpee, on November 24 and December 1, 2000, a copy of which is attached hereto and made a part hereof. I A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 13, 2000, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G.Nelson,Richard T. Guerrera and Zella E. Elizenberry. 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. Mr. Cochran represented the Petition and stated that the proposed addition would encroach on the sideline setback requirements by just a few feet. No comments were received from abutters. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner.