08/24/1994 ZONING BOARD OF APPEALS Decisions

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ToWn of Ala obpee \\ 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 OLE BOARD OF APPEALS DECISION FOR A VARIANCE RE: Robert, J. and Nancy J. Bowes for a Variance V-94-65 A Petition was filed by Robert J. and Nancy J. Bowes of Mashpee, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in an R-3 zoning district on property located at 9 Bosun's Lane (Map 111, Block 84) 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 August 5 and August 12, 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, August 24, 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, John J. Friel and Cheryl A. Hawver. Mr. Bowes presented plans to the Board for an addition: to- his home and a proposed garage and explained that it had been thought that the house was in the New Seabury cluster zoning area and he had later learned that this lot was excluded. He explained that the house had an esiting 8' side line setback and he was proposing a 8.5' sideline setback and a 5' rear setback. The Board found that the shape of the lot created a hardship and there was no negative impact on the abutters. The Board determined that relief could be granted without detriment to the public good or without derogating from the intent of the by-laws. Upon motion duly made and seconded the Board of Appeals voted unanimously on August 24, 1994 to grant the Variance in setback requirements referenced in plans of Cape & Islands Engineering dated April 13, 1992.