03/09/1994 ZONING BOARD OF APPEALS Decisions

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4NET�vLk' of � Iush�lPP P. O. BOX 1108 FABLE Ld MASHPEE. MA 02669 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Bayport Homes for a Variance V-94-21 A Petition was filed by Bayport' Homes of E. Sandwich, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front yard setback requirements, in an R-5 zoning district on property located at 53 Tobisset St. (Map 38, Block 23) Mashpee, Massachusetts. (Owner of record: Peco Inc.) . 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 February 18 and February 25, 1994, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition on Wednesday, March 9, 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: Michael A. Makunas, Edward M. Govoni and Cheryl A. Hawver. Engineer Roger Michniewicz represented the applicant and informed the Board that the subject lot bordered a vegetated wetland line. He explained that the Board of Health had approved a two-bedroom home for the site and that the Conservation Commission had requested that the home be moved away from the wetland. Comments were received from abutters questioning the size and landscaping of the home. The Board of Appeals determined the following: 1. the subject lot contains 15,594 square feet and is located in a residential development 2. the subject lot is adjacent to wetlands and subject to restrictions from the Board of Health and the Conservation Commission.