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12/13/2006 ZONING BOARD OF APPEALS Minutes
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12/13/2006 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
12/13/2006
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Mashpee Zoning <br /> Board of Appeals Robert Bateman <br /> 2 V-06-87 <br /> (55 Pequot Ave) <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. that there are circumstances relating to the shape and topography that affect <br /> the subject lot and not the district in which it is located. <br /> 2. that a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 3. that relief may be granted without detriment to the public good. <br /> 4. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> 5. that the subject property is impacted by wetlands. <br /> 6. that the Board determined that without relief the lot could not be used for a <br /> residence, the purpose for which it had been laid out and for which the <br /> balance of the undersized lots in the subdivision were being used. <br /> 7. that the lot has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District. <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. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted unanimously on December 13, <br /> 2006 to grant a 22,000 square foot landspace variance to petitioner. Subdivision plans <br /> are attached. <br /> k <br />
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