11/27/1991 ZONING BOARD OF APPEALS Decisions

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Uy l' viun of as4prE P. O. BOX 1108 MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Patrick F. and Carol J. Enright - V-91-65 A Petition was filed by Patrick F. and Carol J. Enright for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side setback in an R-3 zoning district on property located at 27 Sand Dollar Lane (Map 105, Block 88) 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 November 8 and 15, 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, November 27, 1991 at 7:30 P.M. at which time the following members of the Board of Appeals`were present and acting throughout: Michael A. Makunas, John J. Friel and Edward M. Govoni. Daniel Buckley of New Seabury Engineering and David O'Sullivan, Architect, represented the applicants. They presented plans for the construction of a one-car garage on part of the paved driveway and explained that the shape and topography of the lot required the reconstruction of a retaining wall on the abutter's property. Mr. O'Sullivan explained that the Enrights will pay for the cost of reconstruction of the retaining wall as well as provide landscaping for the side of the garage. The direct abutter agreed with the plans. The Board found that the topography of the lot created a hardship affecting the land in question but not the zoning district in which it is located and that relief could be granted without derogating from the intent of the by-law or without detriment to the public good.