5/14/2003 ZONING BOARD OF APPEALS Minutes

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r 1 ashpee Zoning Robert and Joann L}emay Board ofAppeals V-03-66 VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the -laws would involve hardship to the petitioner. SPECIFIC FINDINGS The Board determined that: 1. that there are circumstances relating to the shape and topography that affect. the subject lot and not the district in which it is located. . that a literal enforcement of theBy-laws would involve hardship to the Petitioner. . that relief may be granted without detriment to the public good. . that relief may be granted without derogating from the intent or purpose of the By-laws. . that the property subject is impacted by wetlands. � . that the Board determined that without relief the lot could not be used for a residence, the purpose for which it had been laid out and for which the balance of the undersized lots in the subdivision were being used. 7. that the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the water District. In view of the foregoing, the Maspee Zoning Board of Appeals found that the applicant ma the criteria necessary-for the granting of a variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on May 14, 2003 to grant the following and therefore deeming this lot to be buildable: 1. a 7foot variance for the frontage requirement 2. a 66,099 square foot variance for lot size requirements. isPlan from Cape & Islands Engineering, certified plot plan, dated April 1 , 2003.