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Mashpee Zoning Brian Howes 2 r <br /> Board of Appeals George A. & Cina Saliba <br /> Ray Bachand <br /> V-00-164 <br /> The Conservation Commission and Shellfish Constable have approved the <br /> proposal. New Seabury Properties has also been consulted and approved the project. <br /> No comments were received from abutters. <br /> GENERAL FINDINGS <br /> II <br /> 1. that the structure shall be physically located at 72 and 74 Summersea Road. <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. L <br /> SPECIFIC FINDINGS <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 /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <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 September 13, <br /> 2000 to grant a Variance of 30 feet. The Variance is conditioned upon compliance with <br /> the following: <br /> 1. Holmes and McGrath, Inc.plan entitled: "Site Plan of Proposed Common 4, <br /> Pier, Prepared for Brian Howes, For Lots 100, 101 & 102 Summersea Road in <br /> Mashpee, MA., Job No: 98538, Date: June 19, 2000". <br /> 2. that the Petitioner shall submit to the Zoning Board of Appeals all easements <br /> i <br /> for access to the dock that are recorded at the Barnstable County Registry of <br /> Deeds and such easements shall be attached to the Decision. <br /> 3. that the above-referenced plan shall be recorded at the Barnstable County <br /> Registry of Deeds prior to construction. <br />