1/22/1992 ZONING BOARD OF APPEALS ZBA Decision

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TOWN nT� l Z l'r,� olvi2 of � IISh�JPP P. 0. BOX 1108 (�` ��n/1(� n�eLe� MASHPEE. MA 02649 ry Vv �f LECABOARD OF APPEALS FEB 3 1992 DECISION FOR A VARIANCE RE: Steven R. Ball for a Variance V-92-6 A Petition was filed by Steven R. Ball of Mashpee, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side line setback requirement in an R-3 zoning district on property located at 53 Amy Brown Road (Map 109, Block 1) Mashpee, MA. (Owner of record: Richard E. Ball) . 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 January 3 and January 10, 1992, 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, January 22, 1992 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: William J. Hanrahan, Michael A. Makunas and John J. Friel. Mr. Ball represented the Petition and explained that he had wanted to repair a 9' x 6' old shed and filed with Conservation who approved replacing the shed with an 8' x 12' structure located 15' further back on the land. Mr. Ball constructed the new shed 2.9' from the property line. He was informed by the Building Inspector that this shed should have been constructed 15' from the property line and have a valid building permit. Opposition was received from a direct abutter and the Town Planner stating that the lot in question was an illegal subdivision. The Board determined that the Petitioner failed to meet the conditions necessary for the granting of a Variance. There was not sufficient evidence presented showing that the shape or topography