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11/10/1999 ZONING BOARD OF APPEALS Decisions
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11/10/1999 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning Robert&Kathleen Gilmartin V-99-102 3 <br /> Board of Appeals <br /> the proposed structure will not obstruct his views as much as the existing structure does <br /> and that he has no objection to the project. <br /> No other comments were received from abutters. <br /> GENERAL FINDINGS <br /> 1. the subject lot is located at 15 Cross Street and consists of 5,500 square feet. <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 /> 1. that relief may be granted without detriment to the public good. <br /> 2. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. ' <br /> 3. that the shape and topography affect the subject lot and not the district in <br /> which it is located. <br /> 4. 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 /> 5. that it is a pre-existing,non-conforming structure. <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 November 17, <br /> 1999 to grant a Variance of 19 feet from the front setback requirements on Cross Street <br /> and a Variance of 9% from the lot coverage requirements. The Variance is conditioned <br /> upon compliance with Cape & Islands Engineering plan entitled: "Septic Upgrade & <br /> Reconstruction, Proposed Sewage Disposal System, Prepared for Robert Gilmartin, Hse. <br /> No. 15 Cross Street, Mashpee—Mass.,Date: Oct. 11, 1999, Plan No. S39199". <br /> I <br />
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