5/28/2003 ZONING BOARD OF APPEALS Minutes

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f� 1 Town o Mash ee )f P . � ALS 16 Great Xeck Pvoad Xorth Decision for a Variance Mashpee, Massachusetts 02649 RE: Michael and Maria Martone 163 Captains Row Map 96 Parcel 41 V-03-80 A Petition was filed on April 11, 2003 by Michael and Maria l arto e for Variance from Section 174_31 of the ZoningBy-laws to vary the side and setback � and front yard setback to allow for construction of a 23' x 2garage with a bedroom above to an existing dwelling on property located in an R-3 zoning district at 163 Captains Row (Map 96 Parcel 1) 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,hpee, on May 16, 2003 and May 23, 2003, a copy of which is attached hereto and made part hereof. Public Hearing was held on the Petition at the Mashpee Town Hall on ` Wednesday, May 28, 2003, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Edward Govoni, Marshall > rem and Zella Elizenberry. The Mashpee Zoning Board of Appeals issues this Decisionp ur uant to the provisions of Massachusetts General Laves Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. David Samek of Cape & Islands Engineering represents the petitioners. They are seeping a side yard variance of 4.9 feet and a front yard variance of 6.7feet in order to construct. 2 ' x 2 ' garage with a bedroom. above. There wiII be adjustment made to the inside of the house to peep the maximum number of bedrooms at three. The Board moves to grant both variances. 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