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05/09/2001 ZONING BOARD OF APPEALS Decisions
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05/09/2001 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning 2 <br /> Board of Appeals <br /> Paul A. Rose V-01-57 <br /> VARIANCE CRITERIA <br /> Section 10 of Chapter 40A requires that the permit granting authority determine <br /> ' i <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 /> GENERAL FINDINGS <br /> 1. that the subject property is located at 253 Great Neck Road North and consists <br /> of 8.87 acres of land. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the circumstances relating to the unusual shape and its topography affect the <br /> subject lot and not the district in which it is located and without relief the lot <br /> could not be used for a residence,the purpose for which it had been laid out. <br /> 2. except for frontage,the parcel exceeds the minimum land space requirements <br /> and a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 3. 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;therefore,relief <br /> may be granted without derogating from the intent or purpose of the 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 May 9, 2001 to <br /> grant a Variance of 136 feet from the frontage requirements. The Variance is conditioned <br /> upon compliance with Down Cape Engineering, Inc.plans entitled"Plan of Land in <br /> I, <br /> Mashpee, MA, Prepared for Dulce W.Bryan,Date: 1/29/01". <br /> i <br />
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