01/27/1993 ZONING BOARD OF APPEALS Decisions

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�t TON7•� Tobin of Aa obpee 16 GREAT NECK ROAD NORTH ey •�`' MASHPEE, MA 02649 ?ABIF Com` BOARD OF APPEALS DETERMINATION RE : Joseph and Betsy L. Chiasson for a Variance -V-92-88 A Petition for a Variance from Section 174-31 of the Zoning By-laws was filed by Joseph and Betsy L. Chiasson of North Attleboro . Massachusetts for permission to vary the setback requirements in an R-3 zoning district on property located at 89 Shore Drive (Map 117 . Block 341 ) 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 November 20 and November 27 . 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 . December 9 . 1992 at which time the following members of the Board of Appeals were present and acting throughout : John J . Friel . Michael A. Makunas and Cheryl A. Hawver . Discussion was continued at the meetings of January 27 . 1993 and February 10 . 1993 . Attorney Kevin Kirrane represented the applicant at the January 27 . 1993 meeting and informed the Board that a deck had been built without a building permit 9 . 23 ' from the side lot line . At the February 10 . 1993 meeting of the Board Building Inspector William F . Hauck presented early zoning maps and stated that the lot was subject to 7 . 5 ' sideline setbacks and the new deck was in compliance . The Board made the following findings : 1 . the subject lot is a non-conforming lot given existing zoning requirements 2 . under local zoning any state law. non-conforming lots are granted certain protection from changes in the Zoning By-laws I 3 . the subject lot existed prior to the establishment of the provisions of Section 174-31 .