07/27/1994 ZONING BOARD OF APPEALS Decisions

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a Mcbm of Aaobpee 4r( t '� ' y• 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 ' BOARD OF APPEALS Decision for a Variance RE: Peter Maglione, TR. V-94-49 A Petition was filed by Peter Maglione, TR. of Mashpee, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot size and frontage requirements in an R-3 zoning district on property located at 47 Great Oak Road (Map 110 , Block 79 ) Mashpee, MA. ( Owner of record: Christopher Burden TR . ) . 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 July 8 and July 15 , 1994 , 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, July 27 , 1994 at 7 : 30 P .M. at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, Kenneth E . Marsters and Robert G. Nelson. Mr . Govoni announcedthatthe Board had received a request for a 60-day extension in the hearing calendar and a continuance to August 24 , 1994 which was granted. At the August 24, 1994 hearing the applicant was represented by Attorney Robert Clark. Mr. Clark explained that this was one of four non-conforming lots which had been purchased in 1980 . The lots had been buildable under Mashpee Zoning until 1990 . The lots no longer meet the size and frontage requirements of the by-laws. Comments were received from two abutters objecting to the. construction of four houses on the four lots and suggesting that lots be combined to ' enable the construction of two houses . Findings : 1 . the subject property is located at 47 Great Oak Road and contains 15 , 087 square feet and 100 . 04 feet of frontage . The area is wooded and a single family house exists on an adjoining lot .