12/13/2000 ZONING BOARD OF APPEALS Decisions

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Town o Nashpee v � 16 Great Xeck goad Xonh MASHPEE ZONING BOARD OF APPEALS'lashpee, Massachusetts 02649 � SIAUIE L� Decision for a Variance RE: Preferred Building Systems, Inc. V-00-221 72 Horseshoe Bend Way Map 40 Block 16 i A Petition was filed on November 13, 2000 by Preferred Building Systems, Inc. of Rockland, Massachusetts for a Variance from Section 174-32 of the Zoning By-laws for permission to construct a single-family dwelling on an unpaved road on property located in an R-5 zoning district at 72 Horseshoe Bend Way(Map 40 Block 16) f 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 f! 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 �' f Board of Appeals were present and acting throughout: Robert G. Nelson, Richard T. Guerrera and Zella E. Elizenberry. t 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. Robert Silva of Preferred Building Y re Systems resented the Petition and ! p stated that plans call for construction of a two-bedroom ranch on the unpaved road. Several other homes have been constructed on Horseshoe Bend Way. The Board of Health has approved the proposal. 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 4 involve hardship to the petitioner.