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TON <br /> mss; <br /> Tobin of Aa obpee <br /> • l� 16 GREAT NECK ROAD NORTH <br /> o� <br /> LE <br /> r MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> FOR A VARIANCE <br /> RE: Elizabeth A. Connolly for a Variance V-92-67 <br /> A Petition was filed by Elizabeth A. Connolly of Chelmsford, <br /> Massachusetts for a Variance from Section 174-31 of the Zoning <br /> By-laws for permission to vary the setback requirements in an R-3 <br /> zoning district on property located at 39 Kim Path (Map 117, Block 91) <br /> Mashpee, Massachusetts. (Owner of record: Louis McMenamy et al TR.) <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A. Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee, <br /> on August 21 and August 28, 1992, a copy of which is attached hereto <br /> and made a part hereof. <br /> A public hearing was held on the Petition at the Mashpee Town <br /> Hall on Wednesday, September 9, 1992 at 7:30 P.M. at which time the <br /> following members of the Board of Appeals were present and acting <br /> throughout: John J. Friel, Michael A. Makunas and Edward M. Govoni. <br /> Edward Connolly Jr, represented the applicant and presented <br /> plans for the replacement of a seasonal cottage with a year-round <br /> home. He informed the Board that the installation of a new septic <br /> system required placement of the new structure closer to Kim Path. <br /> There were no comments from abutters. <br /> The Board found that the topography of the lot prevented placement <br /> in any other location and that a literal enforcement of the provisions <br /> of the zoning by-laws would involve hardship. The Board determined <br /> that relief could be granted without nullifying from the intent of <br /> the by-laws and without detriment to the public good. <br />