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Town ofMashpee <br /> 16 Great Veck q�pad Xorlh <br /> Uri— Mashpee, Massachusetts 02649 <br /> BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Eugene J. Smith - V-98-76 15 Fern Gully Pass <br /> Map 79, Block 94 <br /> A Petition was filed on April 13, 1998 by Eugene J, Smith of E. Falmouth, <br /> Massachusetts for a Variance from Section 174-26A of the Zoning By-laws for permission <br /> to vary the development phasing requirements on property located in an R-5 zoning <br /> district at 15 Fern Gully Pass (Map 79, Block 94)Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A, Notice was given by publication in The Mashpee Enterprise, a newspaper <br /> of general circulation in the Town of Mashpee, on May 8 and May 15, 1998, a copy of <br /> which is attached hereto and made a part hereof <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, May 27, 1998 at 7:30 P.M. at which time the foilowing members of the <br /> Board of Appeals were present and acting throughout: Edward M. Govoni, Cheryl A. <br /> Hawver and Robert G. Nelson. <br /> This Decision is issued by the Mashpee Board of Appeals pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Theodore A. Schilling represented the applicant and questioned if the <br /> application should have been an Appeal of the Building Inspector's Decision. The Board <br /> determined that a Variance was necessary. Comments were received from abutters in <br /> favor of the application and a letter was received from the Childs River East Residents' <br /> Association in favor of the completion of the subdivision. <br />