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TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> DECISION <br /> Re: Petition of Maureen Colescott for a Variance <br /> A Petition was filed by Maureen Colescott of Mashpee, <br /> Massachusetts, for a variance under Section 7.4 of the land Space <br /> Requirements for permission to vary the minimum side line requirements <br /> on property located at 8 Menemsha Road, Popponesset Beach, Mashpee, <br /> Massachusetts. <br /> Notice was duly given to abutters in accordance with <br /> Massachusetts General laws, Chapter 40A as amended by Chapter 808 of <br /> the Acts of 1975. Notice was given by publication by publishing in the <br /> Falmouth Enterprise, a newspaper of general circulation in the Town of <br /> Mashpee on August 19, 1980 and August 26, 1980, a copy of which is <br /> attached hereto and made a part hereof. <br /> A public hearing was held on the petition at the Mashpee Town <br /> Hall on Wednesday, September 3, 1980 at 8:30 p.m. at which time the <br /> following members of the Board of Appeals were present and acting through- <br /> out: Michael Makunas, Raymond G. Sweeney, Peter Muse. <br /> The Petitioner explained to the Board the intension to construct <br /> an addition to her house, and a variance would be required to comply with <br /> the zoning requirement, as the exterior brick of the proposed fireplace <br /> would cause the house to be in violation of the requirement by twenty-two <br /> inches. <br /> The Board found that the Petitioner established, to the satisfaction <br /> of the Board, a hardship unique to the particular property. <br /> The Board also established that granting the Variance would not <br /> be detrimental to the Town, and would be in harmony with the general <br /> purpose and intent of the ordance or By-law. <br />