Laserfiche WebLink
�; n .a ,t� tlQWTji II�+`.'•Yltt$h�JPE <br /> i• <br /> •moi <br /> P. O. BOX 1106 <br /> ABLE tO MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DETERMINATION <br /> ON APPLICATION FOR A VARIANCE <br /> RE: Petition of Gerald Kaplan for a Variance V-88-05-111 <br /> Lot 30 Fells Pond Road Map 116, Lot 25 <br /> The Board of Appeals has received your application for a Variance <br /> under 7.7 of the By-laws. <br /> We have reviewed the application and determined that a Variance <br /> is not required for the following reasons: <br /> 1. The subject lot is a non-conforming lot given existing zoning <br /> requirements; <br /> 2. Under local zoning and under State law, non-conforming lots <br /> are granted certain protection from changes in Zoning By-Laws; <br /> 3. The subject lot existed prior to the creation of the wetland <br /> setback requirement established in Section 7.7 in 1985. <br /> It is the opinion of the Board of Appeals that this lot is <br /> protected from the provision of Section 7.7 of the Zoning By-law by <br /> virtue of Chapter 40A, Section 6, Paragraph 4 of the Massachusetts <br /> General Laws. This statutory protection is not applicable to any <br /> change in the uses allowed on the property and is applicable only <br /> to changes in area, frontage, width, yard or depth requirements. <br /> The provisions of Section 7.7 of the Zoning By-law, dealing with <br /> setbacks, are applicable to this statutory protection. <br /> In summary, the Board of Appeals has determined that a Variance is <br /> not required. <br /> Y: MASHPEE BOARD OF APPEALS <br /> rFE13 <br /> � .°+ William Hanrahan, C airman <br /> 1989 <br /> " Michael Makunas <br /> > _ 1 � <br /> QRichard4Ha rn <br />