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12/13/2000 ZONING BOARD OF APPEALS Decisions
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12/13/2000 ZONING BOARD OF APPEALS Decisions
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Mashpee Zoning Joseph N. &Joan F. Lyons V-00-213 2 <br /> Board of Appeals <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 /> GENERAL FINDINGS <br /> 1. that the subject lot is located at 122 Whippoorwill Circle and consists of <br /> i <br /> 15,520 square feet. <br /> I ' <br /> I <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the petitioner met the criteria necessary and the Board has granted a Special <br /> Permit to allow for the proposal. <br /> 2. the septic system restricts location of the proposed addition; therefore, a literal <br /> enforcement of the By-laws would involve hardship to the Petitioner. <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 /> I <br /> made and seconded,the Zoning Board of Appeals voted unanimously on December 13, <br /> 2000 to grant a Variance of 23 feet from the setback requirements to water and wetlands <br /> on the subject property. The Variance is conditioned upon compliance with the <br /> following: <br /> 1. plans of Cape &Islands Engineering entitled"Site Plan Located in <br /> Mashpee—Mass. Prepared for Joseph Lyons, Plan No. 102000, Date: <br /> Oct. 20, 2000, Rev'd:11-13-00". <br /> 2. written confirmation from the Conservation Commission that it has approved <br /> the revised landscape plan. <br /> I <br /> s <br /> ri <br />
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