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Town o Mashpee <br /> 16 Great Xeck oad <br /> y' J�orth <br /> lYlashpee, Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> I, <br /> Decision for a Variance <br /> RE: Town of Mashpee Shellfish Constable V-02-61 88 Seconsett Island Road <br /> Map 119 Parcel 100 <br /> A Petition was filed on April 16, 2002 by the Town of Mashpee Shellfish <br /> Constable for a Variance from Section 174-31 of the ZoningBy-laws to vary y the front <br /> and side setback requirements to allow for installation of a shed on property located in <br /> an R-3 zoning district at 88 Seconsett Island Road (Map 119 Parcel 100) Mashpee, MA. �I <br /> p , II <br /> Owner of record: Town of Mashpee. <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 /> p � � <br /> newspaper of general circulation in the Town of Mashpee, on May 3 and May 10, 2002, j <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 ;I <br /> Wednesday, May 22, 2002, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III <br /> and Robert G. Nelson. I I„ <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the III <br /> provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Shellfish Constable Richard H. York, Jr. represented the Petition and stated that <br /> plans call for installation of a 10x16-foot shed on the subject property. The shed would <br /> provide workers with shelter from cold and wet weather and would be used as a storage <br /> area for propagation of the fish program. Mr. York said that he contacted some of the <br /> abutters, owners of Little River Boatyard and Messrs. William E. Burtis and Michael <br /> Scolavino, none of whom have any objection to the proposal. <br /> I <br /> The Conservation Commission has approved the proposal. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority must <br /> determine that there are circumstances relating to the soil conditions, shape or topography <br /> which affect the subject lot and not the district in which it is located; that a literal <br /> enforcement of the By-laws would involve substantial hardship to the Petitioner; that <br /> desirable relief may be granted without substantial detriment to the public good and <br /> without nullifying or substantially derogating from the intent or purpose of the by-law. <br /> I <br /> I <br /> I <br />