1990 JAN-JUN-ZBA APPEALS (2) - Laserfiche WebLink

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ofull of c7Li228h�7PP P. 0. Box 1106 rA8 MASMPEE. MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Petition of Eagle Surveying for a Variance V-90-01-09 A Petition was filed by Eagle Surveying of Sandwich, Massachusetts for a Variance under Section 174-31 of the Zoning By-laws for permission to vary the front set-back in an R-3 zoning district on property located. at 89 Tide Run (Map 120, Block 188) Mashpee, Massachusetts. (Owner of record: Raya S. Dreben) . Notice was duly given to abutters in accordance with Massachusetts General Laws, Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee, on December 22 and December 29, 1989, a copy of which is attached and made a part hereof. A public hearing was held on the Petition as the Mashpee Town Hall on Wednesday, January 10, 1990 at 7:30 p.m. at which time the following members of the Board of Appeals were present and acting throughout: Cheryl A. Hawver, Michael A. Makunas and William J. Hanrahan. Paul Ryll of Eagle Surveying represented the Petition. He informed the Board that a garage foundation had been staked out and the concrete poured when it was discovered that the foundation was 21" too close to road. He explained that it would be a substantial financial hardship to remove the foundation. The Board determined that the topography of the lot with respect to the A.C.E.C. limits presented difficulty in placing both the house and the garage and literal enforcement of the By-laws would involve hardship. The Board found that desireable relief could be granted with- out derogating from the intent of the By-laws and without detriment to the public good. I