1980-1981-ZBA APPEALS - BLACKBOOK

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TOWN OF MASHPEE BOARD OF APPEALS DECISION Re : Petition of Ockway Bay Development Corporation, Vincent Porciello, President, for a Variance Case #V-81-7-023 A Petition was filed by Ockway Bay Development Corporation, Vincent Porciello, President, of 500 Ocean Street, Hyannis, Mass. requesting a Variance under Section 7.4 of the band Space Requirements for permission to vary the minimum frontage and minimum lot size re- quirements to resubdivide lots on property located on Lot 72, Gia Lane, Ockway Bay Estates, Mashpee, Massachusetts. Notice was duly given to abutters in accordance with Massachu- setts General Laws, Chapter 40A as amended by Chapter 808 of the Acts of 1975. Notice was given by publication by publishing in the Falmouth Enterprise, a newspaper of general circulation in the Town of Mashpee on June 30, 1981, and July 7, 1981, 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, July 15, 1981, at 8:40 P.M. at which time the following members of the Board of Appeals were present and acting throughout: Robert J. Houle, Chairman, Michael Makunas, and Peter Lawrence. The Board found that a hardship existed in that the house on this lot was constructed too close to property line between this lot and Lot 73, its abutter and was not discovered until sometime after the house was built, and by giving the abutters a section of land and getting a section from Lot 72 the Petitioner is forced to create the undersized lot. Thus a hardship to the particular property was clearly established.