03/26/2003 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee 16 Great JVeck P_oacl JVorth MASHPEE ZONING BOARD OF APPEA�#ashpee' Massachusetts 02649 RE: Edwin Beaudette and Leslie Gurny DECISION FOR A VARIANCE 18 Nick Trail Map 117 Parcel 242 V-03-46 A Petition was filed on March 6, 2003 for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in order to build an addition on property located in an R-3 zoning district at 18 Nick Trail (Map 117 Parcel 242) 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 March 14, 2003 and March 21, 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, April 9, 2003 which was continued from March 26, 2003 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Marshall Brem 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. Mr. David Sanicki of Cape & Islands Engineering represented the petitioner. He is seeking a Variance of .5 feet on the sideyard setbacks, a 1.9 feet variance by the entryway, in the front and a variance of 3.4 feet in the rear.on a pre-existing non . conforming lot which was built in 1966. The Board moves to grant these Variances. 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.