09/28/2005 ZONING BOARD OF APPEALS Minutes

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Maslipee Zoning Board of Appeals Jemm Real Estate 2 V-05-111 They are losing 50% of the lot to the wetlands which is the reason they need relief to build within the 50-foot buffer zone. The additions will be on slabs and will maintain 18.5% lot coverage when complete. The abutters are in frill agreement with this project since it is a father/son situation. Several of the Board members made site visits to the property and feel this will not be more detrimental to the ileighhorhood. After reviewing the plans and some further discussion Marshall Brem moves to grant the following variances: ✓ An 8 foot variance to Sunset Circle ✓ A 26 foot variance to the wetlands ✓ A 21 foot variance on the sideline setback ✓ A 67,920 square foot landspace variance Robert Nelson seconds the motion. James Reiffarth votes in favor. Frederick Borgeson votes in favor. Evano Cunha votes no. The motion is carried 4-1. GENERAL FINDINGS 1. the property is located at 55 Sunset Circle and contains 7,862 square feet. 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. SPECIFIC FINDINGS The Board determined that: 1. the shape and topography affect the subject property and not the district in which it is located'. 2. the subject property fronts on a river and is impacted by wetlands. 3. without relief the property could not be used for a residence,the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used.