1976-1979-ZBA APPEALS - BLACKBOOK (2)

Home Browse Search

t TOWN OF MASHPEE BOARD OF APPEALS TOWN HALL, MASHPEE, MASSACHUSETTS 02649 r�9$ CD 18 February 1976 t� RE: Decision on the application for variance filed by Michael A. Makunas A petition was duly filed by petitioner for a variance to Section 7.4, Land Space Requirements of the Zoning By-law as pertains to sideline requirements in R-2 zoned area. Notice was duly given to abutters and owner of land next adjoining the land of abutters. Notice was given by publication by publishing in the Falmouth Enterprise, a newspaper of general circulation in the Tovm of Mashpee on December 2 and December 9, 1975, a copy of such notice being appended hereto. A public hearing was held on the petition at the Mastipee Town Hall on Wednesday, December 17, 1975 at 7:30pm at which time the following members of the Board of Appeals were present: Clara L. Keliinui, Chairman, John Boyle, regular -member, and David Keene, alternate member. FACTS The property in question is located on Lot 147, 33 Pond Circle, John's Pond Estates, and consists of 12,000 square feet of land with dwelling, measuring 80' front and 150' depth. Petitioner's request is for a 2'3" variance to 10' sideline on northerly side of property where dwelling is 7'7" from property line. This sideline violation resulted. from a re-survey by the developer to correct lot line discrepancies existing in original survey. Commencing at Hooppole Rd. , all lot lines from Lot 150 thru 144 on Pond Circle were relocated. The northerly sideline of Lot 147 was decreased from 10"6" to 7'7" and increased the southerly sideline from 12'7" to 1516". At the hearing it was revealed that the petitioner had unknowingly inherited a side- line violation of 5' . Mr. J. Condon, Building Contractor who build dwelling, presented a building permit issued May 1974 which authorized 10' sidelines rather than 15' . The Appeals Board acknowledges this error by the Building Inspector as being made inadvertently' and in good faith and will consider this petition on the basis of a 7'3" variance rather than 2'3" consistent with required 15' sideline. No opposition to the granting of a variance was voiced at hearing nor were any written objections received. DECISION The Appeals Board voted unanimously to grant a sideline variance of 7' 3" on the northerly sideline of property located at 33 Pond Circle, Johns Pond Estates (Lot 147) . The resurvey of lot lines on Pond circle resulting in the loss of '2'3" of sideline on northerly side of dwelling imposed a hardship on petitioner. The pre-existing sideline discrepancy of 5' is not viewed as a self imposed hardship. It is the opinion of this Board that the granting of this variance will not adversely affect the surrounding properties nor will it derogate the intent of the Zoning By-law. Page 1 of 2