01/13/1993 ZONING BOARD OF APPEALS Decisions

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Tobin of Anbpee 16 GREAT NECK ROAD NORTH '�r ear:roc% MASHPEE, MA 02649 BOARD OF APPEALS RE: John C. and Ann M. Hill for a Variance V-93-8 A Petition was filed by John C. and Ann M. Hill of Somerville, Massachusetts for a Variance from Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the setback requirements in an R-3 zoning district on property located at 5 Clamshell Lane. (Map 119, Block 66) Mashpee, Massachusetts. 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, 1992, 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, January 13, 1993 at 7:30 P.M. 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. Engineer John Slavinsky represented the applicants and presented plans for a proposed addition to the house and a deck which would be 45' from Hamblin Pond. He informed the Board that the house addition conformed to zoning. . The Board found that the shape and topography of the lot created a hardship affecting the land in question but not generally the zoning district in which it is located and that relief could be granted without nullifying or derogating from the intent of the by-law or without detriment to the public good. Upon motion duly made and seconded the Board of Appeals voted unanimously on January 13, 1993 to grant a Variance of 5' on the north allowing a 45' setback from Hamblin Pond and a Variance of 2.9' on the Northeast side and 6.7' on the Southeast allowing a 8.3' side setback of the existing dwelling and 12. 1' side setback for the proposed deck.