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01/12/2000 ZONING BOARD OF APPEALS Decision
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01/12/2000 ZONING BOARD OF APPEALS Decision
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
01/12/2000
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Mashpee Zoning William L. Staples V-00-7 2 <br /> Board of Appeals <br /> ' No comments were received from abutters. <br /> The Board voted unanimously to continue the request for a Variance until <br /> February 9, 2000 to allow the applicant an opportunity to submit engineered plans. The <br /> Board voted unanimously to grant a Special Permit to allow for demolition of the existing <br /> m. <br /> structure. <br /> At the continued hearings on February 9, 2000,the Board reviewed and approved <br /> the signed, engineered plans. <br /> C,F <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 95 Horseshoe Bend Way and consists of <br /> I, <br /> 12,787 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. that relief may be granted without detriment to the public good. <br /> 2. that relief may be granted without derogating from the intent or purpose of the <br /> By-laws. <br /> { 3. that a literal enforcement of the By-laws would involve hardship to the <br /> petitioner. <br /> 4. that the shape and topography affect the subject lot and not the district in <br /> which it is located. <br /> 5. that the subject property fronts on Ashumet Pond and is impacted by <br /> 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 /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> applicant 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 February 9, <br /> 2000 to grant a Variance of 15 feet from the setback requirementsfrom the water and <br /> wetlands. The Variance is conditioned upon compliance p p e with Cape &Islands <br /> Engineering plan entitled"Septic System Upgrade, Proposed Sewage Disposal System <br /> Plan Prepared for William Staples, Hse. 95 Horseshoe Bend Way, Mashpee—Mass., <br /> �a <br /> z Date: Sept 8, 1999, Rev's 1-27-00, Plan No. S090899". <br /> s rk <br /> rg dm <br />
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