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02/26/1997 ZONING BOARD OF APPEALS Decisions
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02/26/1997 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Irene Realty Trust - V-97-18 2. <br /> FINDINGS <br /> A. General <br /> 1. the subject property is located at 24 East Way and contains 30,655 square feet <br /> with frontage on both East Way and the unpaved River Road. <br /> 2. the subject property is in the Sandalwood cluster subdivision and the <br /> immediate neighborhood consists of single family homes similar in size to the <br /> proposed house. <br /> 3. many of the lots in the neighborhood have minimum frontage on the paved <br /> streets within the subdivision. <br /> B. 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 /> C. Specific Findings <br /> 1. the triangular shape of the lot creates a hardship in the use of the land and the <br /> placement of a house on the lot. <br /> 2. the zoning within the cluster requires a minimum lot width of 100 feet at the <br /> a <br /> building line as well as sideline setbacks of 15 feet. <br /> 3. the proposed dwelling will comply with all of the setback requirements and <br /> result in lot coverage of 10.1%which is below the 20% allowed. <br /> 4. the topography and shape affect this lot and not the zoning district in which it <br /> is located. <br /> 5. the Board found that the granting of a Variance would not derogate from the <br /> intent of the By-laws nor would it be a detriment to the neighborhood. <br /> Upon motion duly made and seconded the Board of Appeals voted unanimously on <br /> February 26, 1997 to grant a Variance of 40 feet to allow frontage of 20 feet on East <br /> Way. The Variance is conditioned upon compliance with plans of Cape& Islands <br /> Engineering dated January 31, 1997 and signed by the Chairman of the Board of Appeals. <br />
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