08/09/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Robert and Vicki Govoni 2 Board of Appeals V-06-52 Conservation has approved the conditions. An abutter Susan Musto, has made several comments regarding the state of the lot and the junk that needs to be cleaned up. Mr. Govoni agrees to get rid of the dumpster, and all of the junk.that is in the lot including old cars, tires and the like. Mr. Govoni also understands that a denitrification system must be installed on both lots. After much debate the board felt that the assessed value of$67,000 was not that far off from the surrounding lots and this lot was just as big if not bigger than the others. The Board moved to grant the lot a residential buildable lot. GENERAL FINDINGS 1. that the subject lot.is located at 12 Quinapen Road and contains 14,985 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: l. 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.