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09/23/1998 ZONING BOARD OF APPEALS Decisions
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09/23/1998 ZONING BOARD OF APPEALS Decisions
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Board of Appeals David M. Ensko V-98-122 2 <br /> FINDINGS <br /> General Findinas <br /> 1. the subject property is located at 35 Gunters Lane and consists of 19,955 <br /> square feet. <br /> 2, there are no neighbors to the north or east of the subject property due to open <br /> space requirement laws. <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 Finding <br /> 1. relief may be granted without detriment to the public good. <br /> 2. relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> 3. the attached garage will serve as an extension and part of the normal <br /> appurtenances of a home. <br /> 4. the applicant intends to maintain use of the home as a single-family dwelling. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Variance. Upon motion duly made and <br /> seconded, the Board of Appeals voted unanimously on September 23, 1998 to grant the <br /> Variance of 4.5 feet from the westerly property line. The permit is conditioned upon <br /> compliance with plans of I E. Landers-Cauley, P.E. dated July 15, 1998. <br />
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