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c <br /> Town of Mash ee <br /> , y <br /> N <br /> 16 Great Xeck load Xorth <br /> MASHPEE ZONING BOARD OF APPEAL ashPee, <br /> Massachusetts 02 <br /> 649 <br /> Decision for a Variance <br /> RE: Daniel L. Ocasio V-02-62 2 Bright Coves Way <br /> Map 111 Parcel 41 <br /> I <br /> A Petition was filed on April 16, 2002 by Daniel L. Ocasio of Boston <br /> j <br /> Massachusetts for a Variance from Section 174-31 of the Zoning By-laws to vary I'i <br /> the lot size and frontage requirements to allow for construction of a single-family ;I <br /> home and garage on property located in an R-3 zoning district at 2 Bright Coves <br /> Way (Map 111 Parcel 41) Mashpee, MA. <br /> I <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 May 3 and May 10, 2002, f <br /> a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on j l <br /> Wednesday, May 22, 2002, at which time the following members of the Zoning Board I <br /> of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson <br /> and Richard T. Guerrera. �I <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 /> Mr. Ocasio represented the Petition and stated that Variance relief on the subject <br /> property granted by the Zoning Board of Appeals in 1998 has expired. Variance relief II! <br /> from the frontage requirements is requested to allow for construction of a new <br /> single-family home and garage on the unusual trapezoid-shaped property. Mr. Ocasio <br /> said that the proposed construction would meet the setback and lot coverage re 1 <br /> g requirements <br /> and would provide adequate area for parking. He also stated that the subject property is <br /> similar in size to other developed lots in the neighborhood, which do not meet the <br /> frontage requirements. <br /> No comments were received from abutters. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must determine that <br /> there are circumstances <br /> relating to the soil conditions, shape or topography which affect <br /> the subject property and not the district in which it is located; that a literal enforcement of <br /> the By-laws would involve substantial hardship to the Petitioner; that desirable relief may <br /> be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of the By-law <br />