5/28/2003 ZONING BOARD OF APPEALS Minutes

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C C � Y , . Town Mash ee MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck 1(oad Xo rt Decision for a Variance E: Ronald I emelin 39 Briar Patch Lane Map 23 Parcel 156 V-03-'79 A Petition was filed on May 6, 2003 by Donald Iemelin for a variance from Section 174-31 ofthe Zoning By-laws to Crary the southeasterly side setback requirements to allow for construction of a 28' x 24' garage with a mudroom to an existing dwelling on property located in an -5 zoning district at 39 Briar Patch Lane (Map 23 Parcel 156) 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, n May 16, 2003 and May 23, 2003, a copy of which is attached hereto and made a part hereof. A Public Nearing 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 f Appeals were present and acting throughout: Edward G v ni, Robert Nelson and Zella Elienlerry. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions ofI Massachusetts General Laves Chapter 40A Section 10 and the Town of Mashpee ZoningBy-laws. Ronald I ernelin represents himself at the hearing. �Ie is seeping a 20.9foot variance on the southeasterly side in order to build a 2 ' x 2 ' garage with mudrrn. The Board moves to grant the variance. 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 -laws would involve hardship to the petitioner.