02/10/1999 ZONING BOARD OF APPEALS Decisions

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Town ofMashpee BOARD OF APPEALS 16 Greatffeck 1�pad Anti AUIA Decision for a Variance Mashpee, Massachusetts 02649 RE: Roland E. Vanaria V-99-10 15 Jeep Place Map 118 Block 113 A Petition was filed on December 23, 1998 by Roland E. Vanaria of Newton, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setback requirements and the projected overhang of a second-floor deck on property located in an R-3 zoning district at 15 Jeep Place (Map 118 Block 113), 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 January 22 and January 29, 1999, a copy of which is attached hereto and made a part hereof A Public Hearing was held on the Petition at the Masbpee Town Hall on Wednesday, February 10, 1999, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Richard T. Guerrera. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Mr. John Slavinsky of Cape & Islands Engineering represented the applicant, Dr. Vanaria, who also attended the meeting. Mr. Slavinsky stated that plans for construction were submitted to the Town of Mashpee in 1998. The abutting house, owned by the applicant's mother, was not hooked to Town water. The Board of Health refused to issue permits until that house was connected to Town water. In October 1998 after Mrs. Vanaria's house was connected to Town water, it was determined that the setback requirements are actually 15 feet. Mr. Slavinsky stated that Dr. Vanaria had architectural plans drawn based on being told by MT. Slavinsky that the setbacks were 10 feet on the side and rear and 25 feet in the front. Mr. Slavinsky stated that permits to build were issued before it was discovered that the setback requirements are 15 feet. Mr. Slavinsky informed the Board that the applicant pushed the main section of the house over to conform to the 15-foot sideline setback requirement. The existing foundation conforms to the Zoning By-laws. The applicant is requesting relief in order to construct the 12 x 24-foot garage, which had been planned from the beginning. The proposed garage will be 10 feet from the lot line. Mr. Govoni stated that it was an oversight on the part of the Town departments that the 15-foot setback was not discovered until after the applicant had plans drawn.