04/08/1992 ZONING BOARD OF APPEALS Decision

Home Browse Search

i "! ' l l'1DEutt of C ashpee P. O. BOX 1106 MASHPEE, MA 02649 BOARD OF APPEALS . DECISION FOR A VARIANCE RE: James E. & Priscilla Ann Griffin for a Variance V-92-26 A Petition was filed by James E. and Priscilla Ann Griffin of Worcester, MA for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in an R-3 zoning district on property located at 70 Summersea Road (Map 105, Block 37) 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 held on the Petition at the Mashpee Town Hall on Wednesday, April 8, 1992 and lacking a quorum the hearing was continued on April 22, 1992 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. Joan Muse represented the applicants and informed the Board that the subject property was assumed to be in the cluster zoning under the New Seabury Special Permit and it was later determined that this lot was excluded. As a result it did not meet zoning requirements on setbacks. The Board found that the shape and topography of the lot created a hardship and that there were circumstances affecting the land in question which did not affect the zoning district and that relief could be granted without derogating from the intent of the by-laws or without detriment to the public good. Upon motion duly made and seconded the Board of Appeals voted unanimously on April 22, 1992 to grant a Variance allowing a 4.9' sideline setback per plans of Cape & Islands Engineering dated March 10, 1992.