08/09/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning 4 Board of Appeals James H. Crocker, Jr. V-06-57 SPECIFIC FINDINGS The Board determined that: 1. the subject property is impacted by wetlands and the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. 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; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 3. the lot has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, relief may be granted without derogating from the intent or purpose of the By-laws. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on August 9, 2006 to grant the Variance requests. The variance is conditioned on site plans from Baxter Nye Engineering and Surveying of Hyannis, MA, dated April 26, 2006,job number 2001-120-2, and Design Plans by Cotuit Bay Design of Mashpee, MA, dated April 13, 2006.