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0 <br />Town of Nashpee <br />16 Great <br />MASHPEE ZONING BOARD OF APPEAIA ashpee,lJ'lassalack loadchusetts 02 02o64499 <br />DECISION FOR A VARIANCE <br />RE: Harold and Carole Butler <br />87 James Circle <br />Map 64 Parcel 37 <br />V-03-25 <br />A Petition was filed on January 28, 2003 by Harold and Carole Butler for a <br />Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline <br />setbacks in order build a garage on property located in an R-5 zoning district at 87 James <br />Circle (Map 64 Parcel 37) Mashpee, MA. <br />Notice was duly given to abutters in accordance with Massachusetts General <br />Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br />a newspaper of general circulation in the Town of Mashpee, on January 31, 2003 and <br />February 7, 2003, a copy of which is attached hereto and made a part hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />Wednesday, February 12, 3003 at which time the following members of the Zoning <br />Board of Appeals were present and acting throughout: James Regan, III, Richard <br />Guenera and Zella Elizenberry. <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 Zoning By-laws. <br />Richard Ferreira represents the petitioners Harold and Carole Butler. They are <br />seeking a Variance for 15 feet on the sidelines of their property in order to build a garage. <br />The Board moves to grant the 15 foot Variance. <br />VARIANCE CRITERIA <br />Section 10 of Chapter 40A requires that the permit granting authority determine <br />that there are circumstances relating to the shape and topography which affect this lot and <br />not the district in which it is located and that a literal enforcement of the By-laws would <br />involve hardship to the petitioner. <br />