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I <br /> TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> DECISION <br /> Re : Petition of Ockway Bay Development Corporation, Vincent <br /> Porciello, President for a Variance <br /> Case #V-81-7-024 <br /> A Petition was filed by Ockway Bay Development Corporation, <br /> Vincent Porciello, President, of 500 Ocean Street, Hyannis, Mass. <br /> requesting a Variance under Section 7.4 of the Land Space Requirements <br /> for permission to vary the minimum frontage and minimum lot size re- <br /> quirements to resubdivide Lot 73, Gia Lane, Ockway Bay Estates, <br /> Mashpee, Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws, Chapter 4OA as amended by Chapter 808 of the Acts of <br /> 1975. Notice was given by publication by publishing in the Falmouth <br /> Enterprise, a newspaper of general circulation in -the Town of Mashpee <br /> on June 30, 1981 and July 7, 1981, 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 Hall <br /> on Wednesday, July 15, 1981, at 8:50 PuM. at which time the following <br /> members of the Board of Appeals were present and acting throughout: <br /> Robert J. Houle, Chairman, Peter Lawrence, and Michael Makunas. <br /> The Board found that a hardship existed in that the abutters house <br /> was constructed too close to Petitioner' s property, and was not di- <br /> scovered until several years after. The house was built, and by getting <br /> a small section of land from abutter and giving abutter a section in <br /> return, Petitioner is forced to create the undersized lot. Thus a <br /> hardship to the particular property was clearly established. <br />