03/12/2003 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Town of Mashpee MASIIPEE ZONING BOARD OF APPEALS 16 Great JVeck Xpad Xorth DECISION FOR A VARIANCE DENIED Mashpee, Massachusetts 02649 RE: Eric Benway One Point Road Owner: Bay Point Realty Trust Map 114 Parcel 39 V-03-33 A Petition was filed on February 11, 2003 by Eric Benway, Bay Point Realty Trust for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setbacks in order build a garage on property located in an R-3 zoning district at One Point Road (Map 114 Parcel 39) 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, on February 28, 2003 and March 7, 2003, a copy of which is attached hereto and made a part hereof. • A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, March 12, 2003, continued to April 23, 2003 and continued again to May 14, 2003 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Marshall Brem, Zella Elizenberry and Robert Nelson. 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. The Petition was denied. 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 By-laws would • involve hardship to the petitioner.