08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Christopher L. Winslow and Mary E. Winslow 21 Deborah Bottle Road (Map 71 Parcel 89-0-R) Mashpee, MA 02649 V-2015-32 VARIANCE CRITERIA: Chapter 40A: Section 10. Variances: The authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, September 9, 2015, the Zoning Board of Appeals voted unanimously to issue a Variance under §174-31 of the Zoning By-laws for relief from the frontage in the amount of 3 8 feet, and the lot size of 48,309 square feet to deem lot buildable on property located in an R-5 Zoning District, (Map 71 Parcel 89-0-R), Mashpee, MA. The following conditions apply;the applicant will not seek and/or obtain any future variances, and must comply with all zoning and building requirements with the Town of Mashpee for a building permit. In the future, no further relief will be issued by the current Zoning Board or any future Zoning Board of Appeals for any title in the event the applicant sells the lot. Also included in this condition; Board of Health comments; "the property is not in Zone II so number of bedrooms are not restricted by the lot size as long as town water is connected to dwelling. Up to 5 bedrooms allowed on conventional Title V system." Referencing a Sub-division plan, "Winslow Heights", Winslow Cape Realty Trust,George A and Ruth J.Winslow Trustees,dated September 5, 1985, Scale: 1"= 100', Lot 5, Town of Mashpee Locus, Map 79, Parcel 89, 0.73% of an acre. Lot size 31, 691 square feet. 3