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10/28/1998 ZONING BOARD OF APPEALS Decisions
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10/28/1998 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Michael P. Vining et a], Trustee V-98-142 2 <br /> FINDINGS <br /> General Finding <br /> 1. the subject property is located at 69 and 73 James Circle and consists of <br /> 19,870 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 Finding <br /> I. 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. the shape and topography affect the subject lot and not the zoning district in <br /> which it is located. <br /> 4. the subject property fronts on a pond and is impacted by wetlands. <br /> 5. removal of the existing cesspool and upgrade to a new Title V septic system <br /> with a denitrification unit will be an improvement to the property. <br /> 6. that there are large homes of a similar nature in the neighborhood. <br /> 7. proposed lot coverage is only 10%. <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 November 18, 1998 to grant a <br /> Variance and construction of the addition with the following conditions: <br /> 1. compliance with plan entitled"Proposed Addition Site Plan Located in <br /> Mashpee—Mass., Prepared for Michael Vining, Scale: I"= 20 ft.,Plan No. <br /> 100598, dated October 5, 1998". <br /> 2. upgrade to a new Title V septic system with a denitrification unit shall be <br /> installed. <br />
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