12/9/1992 ZONING BOARD OF APPEALS ZBA Decision

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�,. ~MU Motin of Alubpee 16 GREAT NECK ROAD NORTH o� +++��DDD"' >� jar' MASHPEE, MA 02649 4`�S�AHLF.Cn BOARD OF APPEALS DECISION FOR A VARIANCE RE: Eugenia Fortes for a Variance V-92-87. A Petition was filed by Eugenia Fortes of Hyannis, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the setback requirements in an R-3 zoning district on property located at 22 Quaker Run Road (Map 83, Block 17) Mashpee, Massachusetts. 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 November 20 and November 27, 1992, 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, December 9, 1992 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: John J. Friel, Michael A. Makunas and Cheryl A. Hawver. James Gill represented the applicant and informed the Board that Ms. Fortes had owned the lot for more than 30 years. He presented a letter from the Building Inspector stating that it was a buildable lot and that the original zoning allowed a 10' sideline setback. He explained that the hardship was not self-imposed since the lot would not be buildable without a Variance. The Board determined that there were circumstances relating to the topography of the land in question which did not affect the zoning district in which the land is located and that a literal enforcement of the by-laws would involve substantial hardship. The Board found that relief could be granted with derogating from the intent of the by-laws and without detriment to the public good.