04/12/2005 ZONING BOARD OF APPEALS Minutes

Home Browse Search

lown of a c �. a 1fi C7rectt deck koa(I r)4oI•t;i2, m� �' I�Iccsll ice, A'Iccssachusett5 O 649 MASHPEE ZONING BOARD OF APPEALS Decision for a Variance Re: Victor Derteano 29 Rachelle Court Map 37 Parcel 144 V-05-44 A Petition was filed on March 17, 2005 for a Variance from Section 174-31 of the Zoning By-laws to vary the current setback requirements in order to enclose an existing porch on property located in an R-5 zoning district at 29 Rachelle Court (Map 37 Block 144) 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 on March 25, 2005 and April 1, 2005, a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 12, 2005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry,Frederick Borgeson, Jonathan Furbush and Eric Dublirer. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Victor Derteano represents himself at this hearing. He was told by the Building Inspector that when he attempted to pull a building permit to enclose his porch that he did not meet the setback requirement of 25 feet on the side of his lot. He was not aware when he purchased the house that the porch that existed was done so without a permit and k eeds a 5 foot variance on the easterly side and is not infringed on the zoning. He n r changing the foot print of the deck,just enclosed the sides. The Board sees no problem with this since he seemed to have inherited the problem when he bought the house. The r Board moved to grant the 5-foot variance. k