10/28/1992 ZONING BOARD OF APPEALS Decision

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Town of ACaobpee 16 GREAT NECK ROAD NORTH yq�s� r MASHPEE, MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Bayport Homes for a Variance V-92-79 A Petition was filed by Bayport Homes Inc. for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requircments on corner lots in an R-5 zoning district on property located at 95 Shields Road (Map 38, Block 18) Mashpee, Massachusetts. (Owner of record: Peco Inc.) . 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 October 9 and October 16, 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, October 28, 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, Edward M. Govoni and Arnold D. Mindick. Craig Weedon of Bayport Homes reviewed plans for a proposed dwelling on a corner lot of Shields Road and Quahog Court. He. explained that Quahog Court was not to be constructed and would become a cul-de-sac. He had-been granted an earlier Variance V-92-55 allowing a 25' setback from Quahog Court but explained that topography of the land dictated an improved location. The Board found that the shape of the lot created a hardship and that relief could be granted without derogating from the intent or purpose of the by-laws and without detriment to the .. public good. Upon motion duly made and seconded the Board of Appeals voted unanimously on October 28, 1992 to grant a Variance allowing a 15' setback from Quahog Court. The Variance is referenced by Eagle Engineering Plans dated September 29, 1992.