09/08/1993 ZONING BOARD OF APPEALS Decisions

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Tobin of Aa bpee \' 16 GREAT NECK ROAD NORTH '9a�81�eF�r� MASHPEE, MA 02649 BOARD OF APPEALS i DECISION FOR A VARIANCE RE: Susan Oringer Nash for a Variance V-93-78 A Petition was filed by Susan Oringer Nash of Canton, Massachusetts for a Variance from Section 174-33 of the Zoning By-laws to Allow construction within 50' of wetlands in an R-5 zoning district on property located at 57 Timberlane Drive (Map 29, Block 33C) Mashpee, MA. (Owner of record: Alan E. and Suzanne Nash) . 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 August 20 and August 27, 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, September 8, 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 Jamie Regan. Builder Pat Coffey represented the applicant and explained that lthe house had sustained substantial water damage and the proposed renovations included an expansion on the Santuit Pond frontage. He informed the Board that the lot had steep declines and the topography ` prevented expansion in other areas. The Board of Appeals determined that the Petitioner met. the ': . conditions necessary for the granting of a Variance. The Board made the following findings: there were circumstances relating to the topography of the lot which affected the land in question but not the zoning district in which the land is located and that a literal enforcement of the By-laws would cause hardship. The Board found that relief could be granted without nullifying from the intent of the by-laws or without detriment to the public good.