01/23/1991 ZONING BOARD OF APPEALS Decisions

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WToxv 'Tolull of P. 0. BOX 1108 MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A VARIANCE RE: Craig Johnston for a Variance V-91-17 A Petition was filed by Craig Johnson for a Variance under Section 174-31 of the Zoning By-laws for permission to vary the lot size in an R-5 zoning district on property located at 17 Wilann Road (Map 46, Block 43) Mashpee, MA. (Owner of record: Craig & Patricia Johnston) . 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 January 7 and January 14, 1991, 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, January 23, 1991 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 Edward M. Govoni. Mary Gilbert represented the applicants. She explained to the Board that most of the lots in the neighborhood had been granted Variances under Sunset of Mashpee Trust and Hamurco Realty Corporation. Mr. Makunas informed the Board that the sub-division had been approved • by the Planning Board but that zoning changes resulted in a change in minimum lot sizes. Several of the lots in the sub-division had been excluded from the 1986 Variance applications, including the petitioners. The Board of Appeals reached the following Finding of Facts: 1. there were circumstances relating to the land in question which did not affect generally the zoning district in which the land is located; 2. a literal enforcement of the provisions 'of the zoning by-laws would create hardship. The hardship was not self-imposed.