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12/11/2002 ZONING BOARD OF APPEALS Decisions
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12/11/2002 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning <br /> Board of Appeal Kenneth Jones V-02-139 <br /> 2 <br /> GENERAL FINDINGS <br /> 1. the property is located at 28 Great River Road and consists of 19,400 <br /> square feet. <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 /> 1. the shape and topography affect the subject property and not the district in <br /> which it is located. <br /> 2. the subject property fronts on a river and is impacted by wetlands. <br /> 3. without relief the property could not be used for a residence, the purpose for i' a <br /> which it had been laid out and for which the balance of the undersized parcels <br /> in the subdivision were being used. j <br /> 4. the property has been maintained as a separate buildable lot on the Assessor's <br /> Records and is subject to betterments from the Water District. <br /> f <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly <br /> made and seconded, the Zoning Board of Appeals voted unanimously on January 8, 2003 <br /> to grant a Variance of 34 feet to the wetlands and a Variance of 22 feet on Great River <br /> Road conditioned upon compliance with plans from Cape & Islands Engineering, Plan <br /> No. 102202, File No. 111 MA, Septic File No. 72, dated October 22, 2002, most recently <br /> revised on 12/2/02 and conservation approval; and architectural plans from Yarosh <br /> Associates, Inc., Proj ect No. 1003, dated 11-02 on pages A-1 and A-2, and dated 10-02 <br /> on pages A-3 and A-4 for the Jones Residence, 28 Great River Road, Mashpee, MA <br />
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