01/12/1994 ZONING BOARD OF APPEALS Decisions

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HTON\M Tobin of fiaobpee '!y ' m 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 ..................... /h\Y �AeIE C� BOARD OF APPEALS Decision for a Variance RE: Petition of Drew Realty Trust for a Variance - V-94-1 A Petition was filed by Drew Realty Trust of Waltham, Massachusetts for a Variance from Sections 174-31, 174-86 and 174-33 of the Zoning By-laws for permission to vary the setback and lot coverage requirements and to build within the A.C.E.C. in an R-3 zoning district on property located at 19 Tide Run (Map 126, Block 41 ) Mashpee, Ma. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee, on December 24 and December 31, 1993, a copy of which is attached hereto and made a part hereof . A Public Hearing was held on the Petition on Wednesday, January 12, 1994 at 7 :30 P .M. at the Mashpee Town Hall at which time the following members of the Board of Appeals were present and acting throughout: John J. Friel , Michael A. Makunas and Edward M. Govoni . Attorney Kevin Kirrane represented the applicant and informed the Board that a Variance had been granted in 1989 but Conservation approval and appeal had delayed construction and the Variance had expired. He explained that the applicant had reduced the size of the house and moved it further from the wetlands at the request of the Conservation Commission. Upon motion duly made and seconded the Board of Appeals voted unanimously on January 12 , 1994 to grant the Variance . The Board determined that there were circumstances relating to the topography of the lot which would create substantial hardship and that granting this Variance would not be a detriment to the Town and would be in harmony with the general purpose and intent of the By-laws . The Variance is referenced by plans of Cape and Islands Engineering revised July 7 , 1989 .