12/12/2001 ZONING BOARD OF APPEALS Decisions

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= VTown of Mashpee • MASHPEE ZONING BOARD OF APPEALS y. 16 Great Xeck goad Jlrorth �a Decision for a Modification Utz of a Variance Mashpee, Massachusetts 02649 RE: Kenneth L. Hatcher V-01-126 20 Elliot Road Map 118 Parcel 115 ° A Petition was filed on November 5, 2001 by Kenneth L. Hatcher of Mashpee, Massachusetts for a Modification of a Variance, V-00-212,to allow for construction of an outside stairway to an existing dwelling on property located in an R-3 zoning district at 20 Elliot Road (Map 118 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 November 23 and November 30, 2001, 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, December 12 2001 at which time the following m g embers of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Frederick R. Borgeson and Marshall A. Brem. 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. Hatcher represented his Petition. At the Public Hearings on January 10, 2001, the Board granted the Petitioner a Variance of 11 feet from the side setback requirements to allow for construction of a garage to an existing dwelling on the subject property. The plan approved by the Board did not show the proposed outside stairway leading to the garage. The Building Commissioner demanded that the Petitioner request rr" a Modification to the original Variance, V-00-212,to allow for the addition of the outside stairway. Mr. Hatcher stated that there would be no increase in Variance relief being s sought and that the stairway would not encroach any further on the side setback. 4 Mr. and Mrs. Paul Bucuvalas, abutters at 16 Elliot Street, said that they contacted Building Commissioner Russell W. Wheeler and expressed their concerns with the proposed construction of the garage on the property located at 20 Elliot Road. They appealed the Decision granted by the Board in January, which appeal was denied and dismissed by the court. I Mr. Nelson read a letter dated December 5, 2001 from Mr. John F. Woods, Sr., an abutter at 24 Elliot Road, in approval of the proposal. Mr. Hatcher submitted several letters from abutters in approval of the proposal. 1 ' f'