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1987 JAN-JUN-ZBA APPEALS
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1987 JAN-JUN-ZBA APPEALS
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of the buildings . This issue is clouded by the fact that <br /> the complex is surrounded by a private drive and not a pub- <br /> lic way, that the focal point of the project is the interior <br /> courtyard and the entrances to the units are designed to be <br /> on the interior of the buildings and that the Town By-Law <br /> offers no clear definition as to what constitutes the "front" <br /> of a building. However, to the extent that the Applicant' s <br /> architectural plans establish a front and rear elevation, we <br /> are inclined to find that the proposed parking scheme would <br /> require a variance from section 8 . 6. <br /> The Board reached the following Finding of Facts : <br /> 1. ) The applicant has established that to deny the <br /> request would constitute a substantial hardship. <br /> 2. ) The hardship is sufficiently linked to the size <br /> and shape of the parcel, paying particular atten- <br /> tion to the fact that the parcel is in, part bi- <br /> sected by a public way approved by the Planning <br /> Board pursuant to the subdivision control law <br /> making it quite unique from other similarly zoned <br /> parcels in this District. <br /> 3. ) The Board established that the relief sought will <br /> in no way be detrimental to the neighborhood, in <br /> that the proposed development scheme is designed, <br /> in part, to provide a buffer zone around the peri- <br /> meter of the parcel and a substantial open space <br /> buffer between the developed area and the nearest <br /> residentially zoned abutting property. <br /> 4. ) The Board established that the intent of the By- <br /> Law (village concept) was not intended to govern <br /> or to preclude a project -of this nature, which is <br /> " set off a considerable distance from Great Neck <br /> Road and therefore, to grant this relief will not <br /> derogate from the intent of that By-Law. <br /> Upon motion duly made and 'seconded the Board of Appeals <br /> voted unanimously on January 14, 1987 to grant this request <br /> for a variance. <br /> uBY: <br /> 0 MASHPEE BOARD OF APPEALS <br /> IN FAVOR > 7b <br /> JA <br /> i iam Hanrahan <br /> IN FAVOR <br /> vn: mictidel Makidnas <br /> v <br /> IN FAVOR <br /> Chert' awver <br />
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