10/12/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Janie V. Ward 8 Wilann Road Mashpee, MA 02649 The potential buyer for the lots plans to build dwellings that will be consistent with the abutting homes in the area. No building plans were submitted with this Petition. No comments were received from abutters. GENERAL FINDINGS: The subject lot is located at 8 Wilann Road and consists of 20,000 square feet of land. SPECIFIC FINDINGS/VARIANCE CRITERIA: The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon Appeal or upon Petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or By-law. The Board determined that: • owing to circumstances relating to the shape of such land and especially affecting such land but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or By-law would involve substantial hardship, financial or otherwise, to the Petitioner. • the subject lot has been assessed and taxed as a separate and buildable lot; the lot is consistent with existing developed lots in the neighborhood; therefore, 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 that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on October 12, 2011 to grant the following: • a Variance of 60,000 square feet from the land space requirements on the subject property. • a Variance of 50 feet from the frontage requirements on the subject property. This Decision is conditioned upon the following: • no further sideline, front or rear setback Variances on this subject lot will be granted by the Zoning Board of Appeals. • Board of Health approval of the proposed construction. • V-2007-43 Variance Decision, a copy of which is attached and is made a part of this Decision. 2