1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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O(UIi of c tISh�JPP �I ° �� P. o. BOX 11083 0. 1990 MASHPEE. MA 02649 BOARD OF APPEALS DECISION RE: Ed Daly for a Variance V-90-79 A Petition was filed by Ed Daly of Randolph, Massachusetts on August 14, 1990 for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the front and side setback requirements in an R-5 zoning district on property located at 9 Horseshoe Bend Way (Map 48, Block 14) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee on September 24, 1990 and October 1, 1990, a copy of which is attached t , hereto and made a part hereof. A public hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 10, 1990 at 7:30 p.m. at which time the following members of the Board of Appeals were present and acting throughout: Cheryl A. Hawver, Michael A. Makunas and William J. Hanrahan. Engineer John Slavinsky represented the applicant. He reviewed plans for a proposed home and deck and informed the Board that the Conservation Commission had required placement of the home on the upland the lot resulting in the need for relief from the setback requirements. The Board found that the lot was primarily wetlands and that the soil conditions and topography of the land affected the lot in question but not the zoning district in which the lot was located. The Board determined that a literal enforcement of the provisions of the by-laws would create a hardship. The Board found that relief could be granted without derogating from the intent of the by=laws and without detriment to the public good.