08/12/1992 ZONING BOARD OF APPEALS Decision

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Mobon of Aubpee ni + \' %• 16 GREAT NECK ROAD NORTH 'r BL—E MASHPEE, MA 02649 ?ABLE�` BOARD OF APPEALS DECISION FOR A VARIANCE A Petition was filed by Nicholas A. and Eugenia Koulouris of Belmont, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side line setback requirements in an R-3 zoning district on property located at 73 Shore Drive (Map 117, Block 345) Mashpee, Massachusetts. 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 24 and July 31, 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, August 12, 1992 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 Michael Dunning represented the applicants and informed the Board that a deck had been constructed on the property in 1984 without a building permit and that an engineer's survey of the land in 1988 had revealed that the deck encroached on the abutting property as did a section of the driveway. Correspondence was received from many residents of the area in favor of the Petition. Attorney Jeff Oppenheim, representing direct abutters, opposed the Petition. The Board was informed that zoning at the time of the construction required sideline setbacks of 7.5' . The Board of Appeals, after carefully considering all of the facts and evidence submitted at the hearing, made the following findings: 1. the Petitioner failed to meet the conditions necessary for the granting of a Variance. There was not sufficient evidence presented showing that owing to circumstances relating to soil conditions, shape or topography. of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which