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11/18/1998 ZONING BOARD OF APPEALS Decisions
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11/18/1998 ZONING BOARD OF APPEALS Decisions
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Mashpee Board of Appeals Dunhill Development 2 <br /> Companies, Ltd. V-98-143 <br /> FINDINGS <br /> General Findings <br /> 1. the subject property is located at 2 Bright Coves Way and consists of 11,040 <br /> 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 /> 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 Board determined that without relief the lot could not be used for a <br /> residence, the purpose for which it had been laid out and for which the <br /> balance of the lots in the subdivision were being used. <br /> 5. 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 /> 6. the lot meets the side and rear setback requirements. <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 duty made and <br /> seconded, the Board of Appeals voted unanimously on November 18, 1998 to grant a <br /> Variance of 17,16 feet from the frontage requirements. The permit is conditioned upon <br /> compliance with plans of The BSC Group, Inc. dated October 6, 1998. <br />
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