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f' <br /> Town of Mashpee <br /> F 16 Great Veck Poad Vot A <br /> IILE f� Mashpee, Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS B <br /> Decision for a Variance <br /> FA <br /> IR <br /> RE: Cape Harbor Homes, Inc. V-01-4 110 Degrass Road <br /> 1T <br /> Map 103 Block 6A <br /> t I <br /> A Petition was filed on December 13, 2000 by Cape Harbor Homes,Inc. for a <br /> � w <br /> Variance from Section 174-31 of the Zoning By-laws for permission to vary the side <br /> setback requirements to allow for construction of asingle-family home on property <br /> i located in an R-3 zoning district at 110 Degrass Road(Map 103 Block 6A)Mashpee, <br /> MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> i <br /> ,. Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee, on December 22 and <br /> E` December 29, 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 /> f <br /> Wednesday, January 10, 2001, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni,Robert G.Nelson <br /> ye and Marshall A. Brem. <br /> ZZ <br /> ` The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> t � <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Kevin M. Kirrane represented the Petition and stated that a mistake was <br /> made when the foundation was poured. The building is tilted and encroaches on the side <br /> setback requirements. A Variance of only 1.9 feet is being requested. <br /> No comments were received from abutters. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> kN <br /> involve hardship to the petitioner. <br /> r <br /> �t <br />