11/12/2003 ZONING BOARD OF APPEALS Decisions

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Town of Nashpee N ^ MASHPEE ZONING BOARD OF APPEA 16 Great Xeck 4Zoad North ABU Mashpee, Massachusetts 02649 Decision for a Variance RE: Robert and Colette Urenas 8 Fairneny Way Map 71 Map 115 V-03-146 A Petition was filed on October 22, 2003 by Robert and Colette Urenas for a Variance from Sections 174-31 of the Zoning By-laws for permission to vary the frontyard setback requirements to allow for construction of a mudroom and garage on property located in an R-5 zoning district at 8 Fairneny Way (Map 71 Parcel 115) 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 October 24, 2003 and October 31, 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, November 12, 2003 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson and Zella Elizenber y. 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. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject property and not the district in which it is located; that a literal enforcement of the By-laws would involve substantial hardship to the Petitioner; that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. •