07/08/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Ralph Marcelli 2 V-09-25 it. James Reiffarth makes a motion to grant a 3.79 foot variance on the westerly side (frontage) and a 21,194 square foot landspace variance, as well as granting relief from the fire restriction by-law with the letter from the Fire Chief to be provided. Jonathan Furbush seconds the motion. All agree. So moved. Reference plans from Kingsbury Surveying Co., Inc. of Sandwich, MA, dated June 6, 1978. GENERAL FINDINGS 1. that the subject lot is located at 29 Melissa Avenue and contains 58,806 square feet. 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 By-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. 2. that a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. that relief may be granted without detriment to the public good. 4. that relief may be granted without derogating from the intent or purpose of the By-laws. 5. 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. 6. 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.