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°"" Town o Mashpee <br /> MASHPLE ZONINU BOARD OF y ALS 16 Great Xeck Poad Jlrorth <br /> Q��:1UIE LU <br /> Decision for a Variance Mashpee, Massachusetts 02649 <br /> RE: Michael D. Crowe V-01-74 32 Popponesset Avenue <br /> Map 70 Parcel 88 <br /> A Petition was filed on June 3, 2001 by Michael D. Crowe of Mashpee, <br /> Massachusetts for a Variance from Sections 174-26.B.1, 174-31 and 174-32 of the <br /> Zoning By-laws for permission to vary the Building permit limits, to vary the land <br /> space, frontage and setback requirements to allow for construction of a single-family <br /> home on an unpaved road on property located in an R-3 zoning district at 32 Popponesset <br /> Avenue (Map 70 Parcel 88) Mashpee, MA. <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, <br /> a newspaper of general circulation in the Town of Mashpee, on June 22 and June 29, <br /> 2001, a copy of which is attached hereto and made a part hereof. <br /> On July 10, 2001, the Board received a request from the Petitioner for a <br /> continuance of his Petition to allow for Conservation Commission approval. The Board <br /> voted unanimously to continue the Petition until August 8, 2001. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, August 8, 2001, 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. <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 /> At the continued Public Hearings on August 8, 2001, Mr. Crowe represented his <br /> Petition and stated that the subject property is a protected, non-conforming lot. He said <br /> that he is requesting relief in order to construct a home on the unpaved road. <br /> The Conservation Commission has approved the proposal. <br /> No comments were received from abutters. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br />