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r <br /> "! 1� Chill of � usl�pee <br /> It. 48 r.co��� P. O. BOX 1106 OCTI 30' 1990, j <br /> MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> •U <br /> RE: Ed Daly for a Variance V-90-77 <br /> A Petition was filed by Ed Daly of Randolph, Massachusetts on <br /> August 14, 1990 for a Variance from Section 174-33 of the Zoning <br /> By-laws for permission to build within fifty (50) feet of the <br /> wetlands in an R-5 zoning district on property located at <br /> 9 Horseshoe Bend Way (Map 48, Block 14) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 40A. Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee <br /> on September 24, 1990 and October 1, 1990, a copy of which is attached <br /> hereto and made a part hereof. <br /> A public hearing was held on the Petitionat the Mashpee Town Hall <br /> on Wednesday, October 10, 1990 at 7:30 P.M. at which time the following <br /> members of the Board of Appeals were present and acting throughout: <br /> Cheryl A. Hawver, Michael A. Makunas and William J. Hanrahan. <br /> Engineer John Slavinsky represented the applicant. He informed <br /> the Board that the lot is primarily wetlands with an 8' embankment. <br /> The Conservation Commission had required the placement of the house <br /> on the upland resulting in a 45' setback from the wetlands. <br /> The Board found that the soil conditions and topography of the <br /> lot affected the land in question but not the zoning district in which <br /> the lot was located and that a literal enforcement of the provisions <br /> of the by-laws would create a hardship. The Board determined that <br /> relief could be granted without derogating from the intent of the <br /> by-laws and without detriment to the public good. <br />