1988 AUG-DEC-ZBA APPEALS - Laserfiche WebLink

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I BOARD OF APPEALS P. O. BOX 1108 MASHPE E, MA 02649 DECISION FOR A VARIANCE RE: Petition of Barry Stone for a Variance Case: V-88-09-087 A Petition was filed by Barry Stone of Mashpee, Massachusetts for a Variance under Section 7. 7, 7.4 and I1C of the Land Space Requirements for permission to construct a garage and deck on property located at 17 Compass Circle (Map 105, Lot 256) Mashpee, Massachusetts. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in the Falmouth Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 12 and October 19, 1988, 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, October 26, 1988 at 7:30 p.m. at which time the following members of the Board of Appeals were present and acting throughout: Michael Makunas, Edward Govoni and Richard Halpern. The Board was informed that the Petition was presented for a Variance under Section 11C of the A.C.E.C. but the Applicant now learned that the area is not designated as such. Mr. Jim Pavlik of New Seabury Engineering presented plans showing an existing house and deck 12' from wetlands. The Applicant proposes to build an addition which will not be any closer to the wetlands than the present location of the house. .Mr. Pavlik had met with the Conservation Commission and reduced the size of a proposed deck at their request. Mr. Pavlik explained that an equal exchange of land with an abutter was involved. The Board determined that there were unique circumstances relative to the topography which specifically affect the land in question, but do not affect generally the zoning districtinwhich the land is located and that a literal - enforcement of the by-law would involve substantial hardship.