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1976-1979-ZBA APPEALS - BLACKBOOK
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1976-1979-ZBA APPEALS - BLACKBOOK
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6/26/2023 2:11:42 PM
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- 2 - <br /> Petitioners propose to construct a 50 ' wide x 150 ' long <br /> building to be used for retail store space and are asking that <br /> the set-backrequirement be varied from 100 ' to 60 ' . In addition , <br /> Petitioners advised that the Tannyhill ' s have agreed to convey <br /> enough land from Lot 2 (the abutting Lot) to bring Lot 1 up to <br /> the current minimum lot size of 40 ,000 square feet. <br /> Three letters were received opposing the granting of variance <br /> and Mr. Manuel Katz , Attorney for Mashpee Rotary Realty , Inc. <br /> appeared to voice objections on behalf of clients who own land <br /> abutting the rear lot line and easterly sideline of Petitioners ' <br /> property. Mr. William Tannyhill voted in favor of variance. <br /> DECISION <br /> The Board of Appeals , after due consideration of all facts <br /> presented , voted unaminously to deny variance for the following <br /> reasons : <br /> 1 . Petitioners purchased land on March 17 , 1970. At <br /> that time the 100 ' set-back requirement was in effect, <br /> therefore a claim of hardship was viewed as self imposed. <br /> 2. Granting such variance would derogate from the <br /> intent of the Town By-law substantially inasmuch as a <br /> variance would defeat the purpose of the 100 foot set-back <br /> requirement; that purpose being to minimize potential traffic <br /> hazards and to maintain fluent movement of traffic along <br /> main arteries of the Town servicing business and industrial <br /> areas. <br />
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