05/12/1993 ZONING BOARD OF APPEALS Decisions

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.to to»;t•Cy. Tobin of Aa obpee 16 GREAT NECK ROAD NORTH erg\ /y MASHPEE, MA 02649 ecce BOARD OF APPEALS DETERMINATION RE: Alice McGuire for a variance V-93-34 A Petition for a Variancewas filed by Alice McGuire of Mashpee, Massachusetts for permission to vary the setback requirements in an R-3 zoning district on property located at 410 Monomoscoy Road (Map 124 , Block 44 ) 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 April 23 and April 30 , 1993 , 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, May 12 , 1993 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 . Edward McGuire represented the applicant and informed the Board that his family had owned two lots with three docks which had been built in the 1950 ' s . He explained that the docks had been damaged in Hurricane Bob and they have received Conservation approval to replace two of them. Comments were received from Building Inspector William F. Hauck stating that the lot and house predated zoning and that there were no setback requirements. The Board made the following findings : 1 . the subject lot is a non-conforming lot given existing zoning requirements 2 . under local zoning and state law, non-conforming lots are granted certain protection from changes in the Zoning By-laws 3 . the subject lot and dock existed prior to the establishment of the provisions of Section 174-31 . 4 . there were no setback requirements at the time of construction.