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, <br /> 1OWN e <br /> ggld Vi��� <br /> Zuffin of <br /> l " BOARD OF �PPEALS <br /> P. O. BOX 1108 <br /> MASHPEE, MA 02649 <br /> y <br /> DECISION <br /> FOR A VARIANCE <br /> •, RE: Petition of Gerald S. Epstein for a Variance Case: V-88-09-086 <br /> A Petition was filed by Gerald S. Epstein of Mashpee, Massachusetts <br /> for a Variance under Section 7.7 of the Land Space Requirements and Section 11C <br /> of the ACEC Requirements for permission to construct two deck additions to an <br /> existing deck in an R-3 zoning district on property located at 4 Wheelhouse <br /> Lane (Map 120, Lot 155) Mashpee, Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A. Notice was given by publication in the Falmouth <br /> Y Enterprise, a newspaper of general circulation in the Town of Mashpee, on <br /> October 12 and October 19, 1988, a copy of which is attached hereto and made <br /> a part hereof. <br /> A public hearing was held on the petition at the Mashpee Town Hall on <br /> Wednesday, October 26, 1988 at 7:30 p.m. at which time the following members <br /> i <br /> of the Board of Appeals were present and acting throughout: Michael Makunas, <br /> Richard Halpern and Edward Govoni. <br /> f Mr. Jim Pavlik .of New Seabury Engineering represented the applicant. <br /> He explained that he had applied for a Variance under Section 11C of the A.C.E.C. <br /> requirements but now learned that the area is not included in the A.C.E.C. <br /> He presented plans showing the proposed addition of two decks to an existing <br /> deck. <br /> The Board determined that there were unique circumstances relative to <br /> the topography which specifically affect the land in question, but do not <br /> affect generally the zoning district in which the land is located and that <br /> a literal enforcement of the by-law would involve substantial hardship. <br />