05/27/1998 ZONING BORD OF APPEALS Decisions

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Board of Appeals- Alexander Nfitrokostas, 'IRS, - John's Pond Center V-98-79 2. General Finding 1. the lot consists of 90,604 square feet and is adjacent to commercial lots known as John's Pond Center. 2. the lot lies in both a C-2 and Residential Zoning District. 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 I. the sloping topography of the lot and the substantial wetland area create a hardship in the use of the land. 2. the applicant has maintained the 50 foot buffer requirement from the wetlands and has received the approval of the Conservation Commission. 3. the topography affects this lot and not the zoning district in which it is located. 4. the Board determined that desirable relief may be granted without derogating from the intent and purpose of the Zoning By-laws and without detriment to the public good. Upon motion duly made and seconded the Board of Appeals voted unanimously on May 27, 1998 to grant the following: 1. a frontage Variance of 300 feet to allow frontage of 300.69 feet. 2. a sideline setback Variance of 5 feet to allow a sideline setback of 15 feet. 3. a Variance in the parking requirements to allow parking within 50 feet of Route 151. The Variance is conditioned upon compliance with plans of Cape& Islands Engineering revised May 6, 1998.