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VIOWNOW <br /> a l' mutt IIfC�71, Z104pPE <br /> 4 ' <br /> BLE co!'�e`'� P. 0. BOX 1106 <br /> MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DETERMINATION <br /> ON APPLICATION FOR A VARIANCE <br /> RE: Petition of Ronald McCarthy for a Variance V-88-06-112 <br /> ` 9 Compass Circle Map 105, Lot 259 <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 4OA, 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 /> —B4* MASHPEE BOARD OF APPEALS <br /> 41 <br /> WHanra Chairman <br /> OF A1ASi1PEF: <br /> FEB 21989 <br /> Michael Makunas <br /> t , <br /> Richard Halp <br />