12/14/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning John Sturtevant and Board of Appeals Heather Puopolo V-05-125 2 no further variances will be granted after tonight. They review the plans and Frederick. Borgeson makes a motion to grant the following:. ✓ A 12.3 foot variance to Tobisset Street ✓ A 4.8 foot variance on the side yard GENERAL FINDINGS 1. that the subject lot is located at 53 Tobisset Street and contains 19,734 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 Board has stipulated that no further variances will be issued and that the applicant must maintain the setback requirements of the R-3 zoning district when building the neNN7 dwelling. 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. 7. The proposed dwelling must maintain a maximum of 20% lot coverage.