1985-ZBA APPEALS - BLACKBOOK - Laserfiche WebLink

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TOWN OF MASHPEE BOARD OF APPEALS TOWN HALL, MASHPEE, MASSACHUSETTS 02649 DECISION RE: Petition of Michael R. Shay for a Variance Case #V-85-04-013 A petition was filed by Michael R. Shay of Brewster, Massach- usetts for a Variance for permission to vary the sideline setback requirements on property located on 1 Daniels Island Rd. , New Seabury, Mashpee, Massachusetts. Notice was duly given to abutters in accordance with Massach- usetts General Laws Chapter 40A. Notice was given by publication in the Falmouth Enterprise, a newspaper of general circulation in the Town of Mashpee on April 10, 1985 and April 17, 1985 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, April 24, 1985 at 7:30 p.m, at which time the following members of the Board of Appeals were present and acting4 throughout: Manuel Costa, Michael Makunas and William Hanrahan. Mr. Shay explained on one corner they are within five feet of the sideline. The reason for positioning the building this way was because of . the terrain of the area. The abutting owner a Mrs. Peck viewed the plans in the fall as shown and found this to be an acceptable layout with this encroachment. There was no correspond- ence from Mrs. Peck. Mr. Shay's plan was not stamped by a certified engineer. The Board asked Mr. Shay to provide the Board with a stamped plan and also a letter from Mrs. Peck. The matter was taken advisement at this time. On Wednesday,' May 8, 1985 the Board accepted,a certified plot plan. On June 12, 1985, the building inspector, Douglas Boyd advised the Board that there is no hardship on the setback based on the terrain. Under that basis Mr. Hanrahan moved to deny the variance, Mr. Makunas , seconded the motion. Mr. Costa would be given the opportunity to vote at the next meeting as the time period was running out on this.