1989 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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t i y Tviun of 11154pre P. O. BOX 1108 rA8 MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Ely Harary and Vincent Porciello Jr, for a Variance - V-89-10-104 A Petition was filed by Ely Harary and Vincent Porciello Jr. of Hanover, Massachusetts for a Variance under Section 7.7 of the Land Space Requirements for permission to build within fifty (50) feet of the wetlands in an R-3 zoning district on property located at 3 Bight Circle (Map 106, Block 12) Mashpee, Massachusetts. (Owner of record: David E. and Joan L. Barnes) . 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 December 11 and December 18, 1989, a copy of which is attached and made a part hereof. A public hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 27, 1989 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 John J. Friel. David Sanicki of Cape & Islands Surveying and Attorney Richard Dubin respresented the applicants. Mr. Sanicki reviewed plans for a 1 proposed house, pool and septic system. The proposed lot coverage would be 19.37. He explained that due to the shape of the lot it would be necessary to build within 50' of a man-made creek developed by New Seabury. There were no comments from abutters. The Board determined that there were circumstances relating to the shape of the -lot which affectedthe land in question but which did not affect generally the zoning district in which the land is located and that a literal enforcement of the by-laws would involve substantial hardship. The Board found that this variance request will not derogate from the intent of the By-laws and would not be a detriment to the surrounding neighborhood.