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04/08/2009 ZONING BOARD OF APPEALS Minutes
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04/08/2009 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
04/08/2009
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Mashpee Zoning <br /> Board of Appeals John Ghublikian <br /> 2 V-09-11 <br /> project is either more detrimental to the neighborhood or not since they need to submit a <br /> Findings of Fact only. James Reiffarth makes a motion to grant the Special Permit <br /> (Findings of Fact). Robert Nelson seconds the motion. All agree so moved. Mr. <br /> Reiffarth makes a motion to grant a 6.2 foot variance to the coastal banks. Robert Nelson <br /> seconds the motion. All agree. So moved. <br /> GENERAL FINDINGS <br /> 1. the property is located at 140 Summersea Road and contains 18,674 square feet. <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> that there are circumstances relating to the shape and topography which affect this lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the shape and topography affect the subject property and not the district in <br /> which it is located. <br /> 2. the granted variance would not have a detrimental effect on the subject <br /> property or those surrounding the property. <br /> 3. Conservation Commission has approved the proposed plans. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Variance to the wetlands. Upon <br /> motion duly made and seconded, the Zoning Board of Appeals voted unanimously to <br /> grant a 6.2 foot Variance to the wetlands. This is conditioned on plans from Baxter,Nye <br /> Engineering, of Hyannis, MA, dated February 23, 2009, and architectural plans from <br /> Cotuit Bay Design LLC of Mashpee, MA, dated January 26, 2009. <br /> 4, <br />
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