04/08/1992 ZONING BOARD OF APPEALS Decision

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�N�N44 it 4• i rr ' (`Totutt of �+ Ittsh�JPE P. O. BOX 1108 ABLt MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Alfred and Susan C. Welch for a Variance - V-92-20 A Petition was filed by Alfred and Susan C. Welch of Falmouth, 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 55 Sunset Circle (Map 64, Block 23) Mashpee, MA. 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 March 20 and March 27, 1992, a copy of which is attached hereto and made a part hereof. A public hearing was hcld on the Petition at the Mashpee Town Hall on April 8, 1992 and, lacking a quorum, was continued on April 22, 1992 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: Michael A. Makunas, Cheryl A. Hawver and John J. Friel. Engineer David Sanicki represented the applicants and presented plans for the construction of a garage which would require a sideline setback of .10.1' . He explained that there has been a zoning change since the property was purchased and that the topography of the lot prevented any other location for the structure. The Board found that the topography of the lot created a hardship affecting the lot in question, but not the zoning district in which it is located. The Board determined that relief could be granted without derogating from the intent or purpose of the by-laws and without detriment to the public good.