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07/26/1995 ZONING BOARD OF APPEALS Decisions
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07/26/1995 ZONING BOARD OF APPEALS Decisions
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Board of Appeals James H. Kanter- V-95-54 2. <br /> Findings: <br /> A. General <br /> 1. the subject property is located at 6 Kanter Lane and consists of 20,600 square <br /> feet fronting on Waquoit Bay. <br /> 2. the immediate neighborhood consists of single family homes many of which <br /> have been improved with additions. <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 <br /> lot and not the district in which it is located and that a literal enforcement of the <br /> by-laws would involve hardship to the Petitioner. <br /> C. Specific Findings <br /> 1. the subject property fronts on Waquoit Bay and is impacted by wetlands. <br /> 2. the placement of the house on the lot prevents an addition in any other location <br /> and creates a hardship in the use of the land. <br /> 3. the proposed lot coverage will be 9% in a district which allows 20%. <br /> 4. the shape and topography of the lot affect this lot and not the zoning district in <br /> which it is located. <br /> 5. the Board determined that desirable relief may be granted without derogating <br /> from the intent or purpose of the zoning by-laws and without detriment to the <br /> public good. <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 /> second the Board of Appeals voted unanimously on August 23, 1995 to grant a Variance <br /> of 17.8' and allow for a front setback of 12.2'. The Variance is referenced by plans of J. <br /> E. Landers-Cauley revised July 3, 1995. <br />
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