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07/09/2003 ZONING BOARD OF APPEALS Decisions
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07/09/2003 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning Thomas Quinn 2 <br /> Board of Appeals Owner of Record: Joseph V. Marna, Trustee <br /> Of the Bologna Realty Trust <br /> V-03-102 <br /> • Mr. Nelson moves to grant the above variances to Mr. Quinn. Zella Elizenberry seconds <br /> the motion. All agree. So moved. <br /> GENERAL FINDINGS <br /> 1. that the subject lot is located at 173 Main Street and contains 22,620 square <br /> feet. 1 <br /> 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 lot and <br /> not the district in which it is located and that a literal enforcement of the By-laws would <br /> involve hardship to the petitioner., <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> • 1. that there are circumstances relating to the shape and topography that affect <br /> the subject lot and not the district in which it is located. <br /> 2. that a literal enforcement of the By-laws would involve hardship to the <br /> Petitioner. <br /> 3. that relief may be granted without detriment to the public good. <br /> 4." that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> 5. that the subject property is impacted by wetlands. <br /> 6. that the Board determined that without relief the lot could not be used for a <br /> residence, the purpose for which it had been laid out and for which the <br /> balance of the undersized lots in the subdivision were being used. <br /> 7. that the lot has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District. <br /> • <br />
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