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06/26/2002 ZONING BOARD OF APPEALS Decisions
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06/26/2002 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning Eric &Ellen K. Dublirer V-02-74 2 <br /> Board of Appeals <br /> I <br /> GENERAL FINDINGS I' <br /> 1. that the subject property is located at 8 Elizabeth Island Road and consists of <br /> 8,414 square feet of land. , <br /> IIt <br /> SPECIFIC FINDINGS <br /> The Board determined that: j <br /> 1. the subject property was developed before the adoption of the Zoning <br /> By-laws. <br /> I� I, <br /> 2. the shape and topography affect the subject property and not the district in <br /> which it is located. ! " ' <br /> 3. the subject property is a corner lot; therefore, a literal enforcement of the <br /> By-laws would involve hardship to the Petitioner. <br /> 4. the subject property is impacted by wetlands. <br /> 5. without relief the property could not be used for a residence, the purpose for <br /> which it had been laid out and for which the balance of the undersized parcels I' <br /> in the subdivision were being used; therefore, relief may be granted without <br /> derogation from the intent or purpose of the By-laws. <br /> 6. the property has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District; therefore relief <br /> may be granted without detriment to the public good. <br /> 7. the Petitioner meets the criteria for grant of a Special Permit to expand a <br /> 8. pre-existing non-conforming dwelling with an addition on the subject <br /> I ; <br /> property. <br /> i <br /> i <br /> i <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the j <br /> Petitioner 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 June 26, 2002 <br /> to grant a Variance of one (1) foot from the setback requirements to Nashawena Road <br /> and a Variance of 4.74 feet from the setback requirements to Elizabeth Island Road. The <br /> Variance is conditioned upon compliance with Cape & Islands Engineering plan entitled j <br /> `Septic System Upgrade&Addition, Proposed Sewage Disposal System, Prepared for <br /> Eric Dublirer, Hse. No. 8 Elizabeth Island Road, Mashpee, Mass., Plan No. 110101, <br /> Date: Nov.1, 2001, Revision: 12/05/01, 5/20/02'. <br /> i <br /> ! j Ali <br /> I� �I <br /> I I <br /> I <br />
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