05/14/1997 ZONING BOARD OF APPEALS Decisions

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Ori e Town of Mashpee 16 Great JVeck Pvoad Aorth dams tom• Mashpee, Massachusetts 02649 BOARD OF APPEALS Decision for a Variance RE: Walter and Joan Francis - V-97-39 24 Riverside Road Map 119 Block 118 A Petition was filed on April 10, 1997 by Walter and Joan Francis of Canton, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements on property located in an R-3 zoning district at 24 Riverside Road (Map 119, Block 118)Mashpee, MA. (Owner of record: Lyle W. Bovee). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on April 25, 1997 and May 2, 1997, 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, May 14, 1997, at which time the following members of the Board of Appeals were present and acting throughout: James E. Regan III, James M. Dorgan and Robert G. Nelson. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. Engineer David Sanicki represented the applicants and presented site plans for a proposed house at the corner of Bayview Way and Riverside Road. He explained that the 70' frontage on Bayview Way created a hardship in placing the house on the lot. He informed the Board that two houses across Bayview Way have existing wells and that the proposed house and septic system had to be located at a distance from the wells and the plan has been approved by the Board of Health. The proposed setbacks will be 25' from Riverside Road and 23' from Bayview Way and lot coverage will be 16.3%. Mr. Sanicki explained that the lot appears on a plan dated April 28, 1932 and predates zoning. t