01/10/1990 ZONING BOARD OF APPEALS Decision

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' k of r n e P. o. BOX 1108 i'V'IAS PEE. MA 02 BOARD of APPEALS DECISION FOR A VARIANCE E: Petition of Eagle Surveying for a variance v-90- 1-09 A Petition was filed by Eagle Surveying -of Sandwich, Massachusetts . for a variance under Section 17 - 1 of the Zoning By-Laws for permission to vary the front set--back in an R-3 zoning district on property located. at 89 Tide Run (Map 120, Block 18 . M shpee, Massachusetts, (owner of record: Raya S. Dreben . Notice was duly given to abutters .in accordance with Massachusetts General Laws, Chapter 4A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mahpee, on December 22 and December 29, 1989, a copy of which is attached d made a part hereof. A public hearing x4as Meld on the Petition as the Ma tepee 'Town Hall on Wednesday, January 10, 1990 at 7; o p.m. at which time the following members of the Board of Appeals were present and acting throughout: Cheryl A. Ha ver, Michael A. Makunas and William J. Hanrahan, Paul. Rll of Eagle Surveying represented the Petition. He informed the Board that a garage foundation had been staffed out and the concrete poured when it was discovered that the foundation was 1" too close to road. He explained that it would be a substantial financial hardship to remove the foundation. The Board determined that the topography of the lot with respect to the A. .E. . limits presented difficulty in placing both the house and the garage and literal enforcement of the By-laws would involve hardship. The Board found that des ireable relief could be granted with- out derogating from the intent of the By-laws and without detriment to the public good.