08/11/1993 ZONING BOARD OF APPEALS Decisions

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i f � . ..0 Moban of Alam;bPee a 16 GREAT NECK ROAD NORTH 48L'qak? E MASHPEE, MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Bayport Homes for a Variance V-93-61 A Petition was filed by Bayport Homes of East Sandwich, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in an R-5 zoning district on property located at 89 Shields Road (Map 38, Block 21) Mashpee, Massachusetts. (Owner of record: Pecto Inc.) . 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 July 23 and July 30, 1993, a copy of which is attached hereto and z made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, August 11, 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. Builder Craig Weedon represented the applicant and informed the Board that the lot borders on the corner of Shields Road and Quahog Court and that Quahog Court is not to be constructed. The Board determined that there were circumstances relating to the topography of the lot which did not affect the zoning district in which it was located and found that a literal enforcement of the 1 by-laws would involve substantial hardship. The Board determined that relief could be granted without detriment to the public good and without derogating from the intent or purpose of the by-laws. Upon motion duly made and seconded the Board of Appeals voted unanimously on August 11, 1993 to grant a variance of 13' on the setback from Quahog Court as referenced in plans of Eagle Surveying dated July 6, 1993.