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08/23/1995 ZONING BOARD OF APPEALS Decisions
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08/23/1995 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Daniel P. and Susan M. Spurting V-95-54 2. <br /> Findings: <br /> A. General <br /> 1. the subject property is located at 55 Redwood Circle and consists of 19,800 <br /> square feet fronting on Mashpee Pond. <br /> 2. the immediate neighborhood consists of single family homes of similar size, <br /> many of which have been improved with additions and decks. <br /> 3. the proposed plans have been reviewed and approved by the Conservation <br /> Commission. <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 Mashpee Pond and is impacted by wetlands <br /> 2. the shape and topography of the lot prevent the placement of the deck in any <br /> other location <br /> 3. the shape and topography affect this lot and not the zoning district in which it <br /> is located <br /> 4. 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 /> seconded the Board of Appeals voted unanimously on August 23, 1995 to grant the <br /> Variance and allow a 2.2' setback <br />
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