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"Ire <br /> Town o Mash ee <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck a Xorth <br /> � h. tis � <br /> Decision for Variance <br /> 649 <br /> R : David Pira 4 Pox Dill Road <br /> Map 21 Parcel 7 <br /> V-03-78 <br /> Petition was filed on April 30, 2003 by David Pira for a Variance from Section <br /> 174-31 ofthe ZoningBy-laws for permission to vary sideline setback requirements t <br /> build a 1 ' x 2 ' deck on property located in ars R-5 zoning district at 4 Fox PMI Road <br /> (Map 21 Parcel 7 Mashpee, ILIA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Daws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on May 16, 2003 and May 23, <br /> 2003, a copy of which is attached hereto and made a Part hereof. <br /> Public Hearing was held on the Petition at the Mashpee Town lull on <br /> Wednesday, May 28, 2003, at which time the following members of the Zoning Board of <br /> Appeals were present and acting throughout: Marshall Brun, Robert Nelson and Edward <br /> vni. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of <br /> Mashpee ZoningBy-laws. <br /> David Pina represents himself at the hearing. He is seeping relief from the <br /> setback requirements for his existing deck. The Board grants a 14.9 foot variance. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 4 Fox Mill Road and contains 15,104 <br /> square feet. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating t 'the supe and topography which affect this lot and <br /> not the district In which It is located and that a literal enforcement of theBy-laws would <br /> involve hardship to the petitioner. <br />