08/11/1999 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee fy. ZUNING BOARD OF APPEALS 16 Great J�eck Toad,Afi)ah Nlashpee, l)'fassachusetts 02649 Decision for an Appeal RE: Christopher Burden A-99-59 22 East Way Map 89 Block 77 A Petition was filed on July 19, 1999 by Christopher Burden of Mashpee, Massachusetts for an Appeal of the Building Commissioner's decision to deny a building permit for property located in an R-3 zoning district at 22 East Way (Map 89 Block 77)Mashpee,MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on July 23 and July 30, 1999, 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, August 11, 1999 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G. Nelson. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 8 and the Town of Mashpee Zoning By-laws. Attorney Dan Creedon represented the applicant and stated that the subject parcels are located in the Sandalwood cluster subdivision. Attorney Creedon said that 24 East Way, the lot between the two subject parcels, was granted a Variance by the Board and was developed two years ago. He stated that the shape and topography of the subject lots are similar to 24 East Way. Attorney Creedon stated that all other requirements, with the exception of frontage requirement,would be met. The frontage requirements create a hardship for the owner. Attorney Creedon' claimed that granting the Variances would not derogate from the intent of the By-laws and would not be more detrimental to the neighborhood. i i