Laserfiche WebLink
Mashpee Zoning <br />Board of Appeals Whorton-Obrinsky Trust <br />2 V-06-77 <br />227 Wheeler Road <br />GENERAL FINDINGS <br />1. that the subject lot is located at 227 Wheeler Road and contains 11,250 square <br />feet. <br />VARIANCE CRITERIA <br />Section 10 of Chapter 40A requires that the permit granting authority determine <br />that there are circumstances relating to the shape and topography which affect this lot and <br />not the district in which it is located and that a literal enforcement of the By-laws would <br />involve hardship to the petitioner. <br />SPECIFIC FINDINGS <br />The Board determined that: <br />1. that there are circumstances relating to the shape and topography that affect <br />the subject lot and not the district in which it is located. <br />2. that a literal enforcement of the By-laws would involve hardship to the <br />Petitioner. <br />3. that relief may be granted without detriment to the public good. <br />4. that relief may be granted without derogating from the intent or purpose of the <br />By-laws. <br />5. that the subject property is impacted by wetlands. <br />6. that the Board determined that without relief the lot could not be used for a <br />residence, the purpose for which it had been laid out and for which the <br />balance of the undersized lots in the subdivision were being used. <br />7. that the lot has been maintained as a separate buildable lot on the Assessor's <br />Records and is subject to betterments from the Water District. <br />In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br />applicant met the criteria necessary for the granting of a Variance. Upon motion duly <br />made and seconded, the Zoning Board of Appeals voted unanimously on December 13, <br />2006 to grant the following <br />