06/27/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Alexander MacLellan 2 Seamist Builders } V-07-35 GENERAL FINDINGS 1. that the subject lot is located at 403 Great Oak Road and contains 19,176 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 subject property is impacted by wetlands. 6. 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. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 27, 2007 to grant a landspace variance of 20,824 square feet and a 23 foot variance to the ACEC to deem lot buildable. Reference plans from Cape &Islands Engineering,plan no. 022604A, File 159MA, dated February 26, 2004, revised June 5, 2007.