07/11/2007 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Thomas Quinn 2 Owner of Record: Arnold Mullen (30 Pleasant Park) V-07-39 GENERAL FINDINGS 1. that the subject lot is located at 30 Pleasant Park and contains 22,500 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 c 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. 7. the proposed dwelling must remain inside the envelope. 8. the height of the building shall not exceed 35 feet. 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 July 11, 2007 to grant a landspace variance of 17,500 square feet and a 25 foot frontage variance to deem lot buildable. Variance is conditioned on plans from Down Cape Engineering, Inc. of Yarmouthport, MA, dated June 18, 2007 (lot 30) Owner of Record: Arnold Mullen, Trustee