4/9/2003 ZONING BOARD OF APPEALS Minutes

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7 F Ma.shpee Zoning Board of Appeals Gerard Thiboutot v-o3- 2 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 16 Briar Patch Lane and contains 13,000 square feet. SPECIFIC FINDINGS The Board determined that: 1. a literal enforcement of the -laws would involve hardship to the Petitioner. 2. the proposal would be an improvement to the subject lot and to the neighborhood; therefore, relief may be granted without detriment to the public cod and without derogating from the intent or purpose of the By-laws. 3. the shape and topography affect the subject property and not the district in which it is located. In view of the foregoing, the Ma tepee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a variance. Upon motion duly made and seconded the Zoning Board of Appeals voted unanimously on April 9,2003 to rant a 9.2-foot variance on the front setbacks, a 3-foot,variance on the sideyard and a 1.4-foot variance facing both lots 93 and 94. These variances are conditioned on plans from Christopher Costa& Associates, East Falmouth, MA, dated March 20, 2003 as prepared for Gerard Thiboutot, Ill.