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Town o M <br /> i <br /> f ashpee <br /> N <br /> S 16 Great Xeck Poad Xorth <br /> MASHPEE ZONING BOARD OF APPEAL <br /> ashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: Janet C. Procek V-02-92 12 Great River Road <br /> Map 120 Parcel 63 <br /> A Petition was filed on July 1, 2002 by Janet C. Procek of Nashua,New <br /> Hampshire for a Variance from Sections 174-31 and 174-33 of the Zoning By-laws <br /> for permission to vary the front setback and lot coverage requirements and the setback <br /> requirements to water and wetlands to allow for construction of a single-family home <br /> with a deck and garage on property located in an R-3 zoning district at 12 Great River <br /> Road (Map 120 Parcel 63) 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, a <br /> newspaper of general circulation in the Town of Mashpee, on August 9 and August 16, <br /> 2002, a copy of which is attached hereto and made a part hereof. I' <br /> I <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, August 28, 2002, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson <br /> and Marshall A. Brem. <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 /> i. <br /> Mr. David Sanicki of Cape & Islands Engineering represented the Petitioner and <br /> stated <br /> that plans call for the demolition of the existing dwelling and construction of a new <br /> single-family home on the subject property. The proposal requires Variances from the <br /> front setback requirements, lot coverage requirements and setback requirements to water <br /> and wetlands. <br /> i <br /> The Conservation Commission has approved the project and issued an Order of <br /> Conditions. <br /> j <br /> i <br /> Mr. Lewis Mantrell <br /> a direct abutter on Great River, Road, expressed his approval I <br /> of the proposal and stated that it would be an improvement to the subject property. j <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must <br /> determine that there are circumstances relating to the soil conditions, shape or topography j <br /> which affect the subject property and not the district in which it is located; that a literal <br /> enforcement of the By-laws would involve substantial hardship to the Petitioner; that <br />