02/13/1991 ZONING BOARD OF APPEALS Decisions

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" '' ' l'lIIE1JII of C MSh�JPP �. lot, P. O. BOX 1106 � •�gC�•\'\!5 MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Stephen R. and Barbara Ball - V-91-21 A, Petition was filed by Stephen R. and Barbara Ball for a Variance under Sections 174-31 and 174-33 of the Zoning By-laws for permission to vary the lot frontage requirements and the setback from the wetlands on property located in an R-3 zoning district at 328 Red Brook Road (Map 109, Block 15) 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 January 28 and February 4, 1991, 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, February 13, 1991 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: Cheryl A. .Hawver, Michael A. Makunas and William J. Hanrahan. -Builder Moe Cassenelli represented the applicant. He reviewed plans for a residence showing house placement 32' from the wetlands and explained that this was the only possible location due to the topography of the lot. Comments were received from the Conservation Agent stating that Conservation had no objections if building was done in conformity with Conservation conditions. The Board found that there were conditions relating to the topography of the lot which affected the land in question but did not affect the zoning district generally and that a literal enforcement of the By-laws would involved substantial hardship. The Board found that relief could be granted with derogating from the intent of the By-laws or without detriment to the public good.