09/09/1992 ZONING BOARD OF APPEALS Decision

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town of ftlaobpee n� z 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Henry A. Acconcia for a Variance - V-92-63 A Petition was filed by Henry A. Acconcia of:Wayland, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the lot coverage requirements in an R-3 zoning district on property located at 42 Elizabeth Island Road (Map 123, Block 139) 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 August 21 and August 28, 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, September 9, 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. Architect Theodore P. Streibert represented the applicant and presented plans for the enclosure of a porch and the addition of a deck. The Board was informed that a new septic.-,system was being installed and that the deck would be built on the Dean's Pond side of the property. No objections were received from abutters. The Board requested that the size of the deck be reduced from the proposed 12' x 57' size to a 12' x 24' and Mr. Streibert agreed. The Board found that the lot was partially surrounded by conservation land and the addition of the deck would not impact the abutters. The Board determined that there were circumstances relating to the lot in question which did not affect the zoning district in which the land was located and that a literal enforcement of the zoning by-laws would create a hardship. The Board found that relief could be granted without nullifying or derogating from the intent or purpose of the zoning by-laws and without detriment to the public good.