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TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> DECISION <br /> Rei Petition of William and John Stolba for a Variance <br /> A Petition was filed by William and John Stolba, of Mashpee, <br /> Massachusetts requesting a Variance under Section 7.4 of the land Space <br /> Requirements, for permission to vary the minimum front yard depth requirement <br /> on property located at 11 Cappawack Road, (corner Ninigret Avenue), Mashpee, <br /> Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General laws, Chapter 40A as amended by Chapter 808 of the Acts of 1975. <br /> Notice was given by publication by publishing in the Falmouth Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee on January 22, 1980, <br /> and February 1, 1980, a copy of which is attached hereto and made a part <br /> hereof. <br /> A public hearing was held on the petition at the Mashpee Town Hall <br /> on Wednesday, February 6, 1980 at 8100 p.m. at which time the following <br /> members of the Board of Appeals were present and acting throughouti Michael <br /> Makunas, Chairman, Robert J. Houle, Peter L. langler. <br /> Mr. Gilmore Gessner, attorney representing the Petitioners, <br /> explained to the Board that the house was built in 1974, in violation of the <br /> by-law, by the prior owner. The house presently being in violation of the <br /> frontage set back requirements by four feet. <br /> The Board found that a hardship existed in that the building was <br /> constructed too close to the lot line prior to Petitioners' purchase of the <br /> land, and that this was not discovered until a substantial portion of the <br /> purchase price had been paid. Thus a hardship unique to the lot was clearly <br /> established. <br />