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11 <br /> P. O. BOX 1108 <br /> �ARL MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> RE: John A. Sullivan V-90-68 <br /> A Petition was filed by John A. Sullivan of Bennington, <br /> New Hampshire for a Variance under Section 174.31 of the Zoning <br /> By-laws for permission to vary the setbacks in an R-5 zoning district <br /> on property located at 31 Birch Way (Map 27, Block 86) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A. Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee <br /> on August 6 and August 12, 1990, a copy of which is attached hereto <br /> and made a part hereof. <br /> A public hearing was held on the Petition at the Mashpee Town <br /> Hall on Wednesday, August 22, 1990 at 7:30 p.m. at which time the <br /> following members of the Board of Appeals were present and acting <br /> throughout: Cheryl A. Hawver, Michael A. Makunas and William J. <br /> Hanrahan. <br /> Attorney Kevin Kirrane represented the applicant. He informed <br /> the Board that the property was being sold when it was discovered <br /> that the house had been built too close to the lot line requiring <br /> a variance on the side line setbacks. <br /> The Board determined that a literal enforcement of the by-laws <br /> would result in substantial hardship and that relief could be granted <br /> without derogating from the intent of the by-laws or without detriment <br /> to the public good. The Board found that there were circumstances <br /> relating to the land and structure in question which did not affect <br /> generally the zoning district in which the property is located. <br />