06/23/1993 ZONING BOARD OF APPEALS Decisions

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Tobin of Aaobpee /_ ♦iZf' \' 16 GREAT NECK ROAD NORTH �'�\ jar`'• MASHPEE. MA 02649 LE BOARD OF APPEALS DECISION FOR A VARIANCE RE: G. E. Capital Mortgage Services Inc. - V-93-48 A Petition was filed by G. E. Capital Mortgage Services, Inc. of Chesterfield, Missouri for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the sideline setback 1 requirements in an R-5 zoning district on property located at 111 River Road (Map 89, Block 3) Mashpee, MA. (Owner of record: John J. Shaughnessy) . 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 June 4, and June 11, 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, June 23, 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. Attorney Mark J. Lanza represented the applicant and informed the Board that the sideline setback from the existing garage was 13.7' when.-the zoning requirement was 15' . He explained that this prevented the owner from getting clear title to the property. The Board noted that the building codes allow 4' for egress but that this is not referenced in the by-laws. The Board found that there were circumstances relating to the shape of the lot in question which did not affect the zoning district in which the land is located and that a literal enforcement of the by-laws would involve hardship. The Board determined that relief could be granted without derogating from' the intent of the by-laws and without detriment to the public good.